S.B. 167

1

JUVENILE OFFENSES - DIVERSION
2 AMENDMENT
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patrice M. Arent
6 House Sponsor: Lorie D. Fowlke
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Code of Criminal Procedure regarding diversion for juvenile
11 offenders.
12 Highlighted Provisions:
13 This bill:
14 . provides that in specified situations involving sexual activity between two persons
15 younger than 16, the court may use the sentencing option of diversion.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 77-2-9, as last amended by Chapters 88 and 101, Laws of Utah 1983
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 77-2-9 is amended to read:
26 77-2-9. Offenses ineligible for diversion -- Exception specified.
27 [Diversion] (1) Except as provided in Subsection (2), diversion may not be granted by

28 a magistrate for a capital felony or a felony in the first degree or in any case involving a sexual
29 offense against a victim who is under the age of 14 or for any motor vehicle related offense
30 involving alcohol or drugs.
31 (2) When a person under the age of 16 is alleged to have committed any violation of
32 Title 76, Chapter 5, Part 4, Sexual Offenses, the court may enter a diversion in the matter if the
33 court enters on the record its findings that:
34 (a) the person did not use coercion or force;
35 (b) there is no more than two years' difference between the ages of the participants; and
36 (c) it would be in the best interest of the person to grant diversion.




Legislative Review Note
as of 1-20-06 2:45 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel