Chief Sponsor: Eric K. Hutchings

Senate Sponsor: Daniel W. Thatcher


9     General Description:
10          This bill reduces the maximum penalty for a misdemeanor conviction by one day to 364
11     days.
12     Highlighted Provisions:
13          This bill:
14          ▸     reduces the maximum incarceration time for a misdemeanor by one day to 364 days;
15     and
16          ▸     exempts from the reduction, the provision for persons serving a felony sentence in
17     the Utah Prison.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          76-3-204, as enacted by Laws of Utah 1973, Chapter 196
25          76-3-208, as last amended by Laws of Utah 2011, Chapter 56

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 76-3-204 is amended to read:
29          76-3-204. Misdemeanor conviction -- Term of imprisonment.

30          A person who has been convicted of a misdemeanor may be sentenced to imprisonment
31     as follows:
32          (1) In the case of a class A misdemeanor, for a term not exceeding [one year;] 364
33     days.
34          (2) In the case of a class B misdemeanor, for a term not exceeding six months[;].
35          (3) In the case of a class C misdemeanor, for a term not exceeding 90 days.
36          Section 2. Section 76-3-208 is amended to read:
37          76-3-208. Imprisonment -- Custodial authorities.
38          (1) Persons sentenced to imprisonment shall be committed to the following custodial
39     authorities:
40          (a) felony commitments shall be to the Utah State Prison;
41          (b) (i) notwithstanding Section 76-3-204, class A misdemeanor commitments shall be
42     to the jail, or other facility designated by the town, city, or county where the defendant was
43     convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at
44     the commencement of the class A misdemeanor conviction, in which case, the class A
45     misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to
46     exceed one year with a credit for one day; and
47          (ii) the court may not order the imprisonment of a defendant to the Utah State Prison
48     for a fixed term or other term that is inconsistent with this section and Section 77-18-4; and
49          (c) all other misdemeanor commitments shall be to the jail or other facility designated
50     by the town, city or county where the defendant was convicted.
51          (2) Custodial authorities may place a prisoner in a facility other than the one to which
52     the prisoner was committed when:
53          (a) it does not have space to accommodate the prisoner; or
54          (b) the security of the institution or inmate requires it.