7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the degree of a criminal offense.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows either party to request the court to enter a judgment for conviction to a lower
13 degree of offense;
14 ▸ allows a prosecutor to file or amend an information for certain offenses at one
15 degree lower than the offense in the information;
16 ▸ provides that the court may enter a conviction and impose a sentence for an offense
17 one degree lower; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 76-3-402, as last amended by Laws of Utah 2017, Chapters 282 and 356
27 77-2-1.2, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-3-402 is amended to read:
31 76-3-402. Conviction of lower degree of offense -- Procedure and limitations.
38 (1) As used in this section, "lower degree of offense" includes an offense for which:
39 (a) a statutory enhancement is charged in the information or indictment that would
40 increase either the maximum or the minimum sentence; and
41 (b) the court removes the statutory enhancement in accordance with this section.
42 (2) The court may enter a judgment of conviction for a lower degree of offense than
43 established by statute and impose a sentence at the time of sentencing for the lower degree of
44 offense if the court:
45 (a) takes into account:
46 (i) the nature and circumstances of the offense of which the defendant was found
47 guilty; and
48 (ii) the history and character of the defendant;
49 (b) gives any victim present at the sentencing and the prosecuting attorney an
50 opportunity to be heard; and
51 (c) concludes that the degree of offense established by statute would be unduly harsh to
52 record as a conviction on the record for the defendant.
54 places the defendant on probation, [
55 committed to jail as a condition of probation, the court may enter a judgment of conviction for
57 (i) after the defendant has been successfully discharged from probation;
58 (ii) upon motion and notice to [
59 (iii) after reasonable effort has been made by the prosecuting attorney to provide notice
60 to any victims;
61 (iv) after a hearing if requested by either party [
62 (v) if the court finds entering a judgment of conviction for the [
63 offense is in the interest of justice.
64 (b) In making the finding in Subsection [
65 factor in favor of granting the reduction [
66 whether the level of the offense has been reduced by law.
68 reduction is entered under Subsection [
69 attorney specifically agrees in writing or on the court record that the offense may be reduced
70 two degrees.
71 (b) [
72 more than two degrees.
74 being granted an expungement of [
75 accordance with Title 77, Chapter 40, Utah Expungement Act.
77 offense if:
78 (a) the reduction is specifically precluded by law; or
79 (b) if any unpaid balance remains on court ordered restitution for the offense for which
80 the reduction is sought.
82 section, the actual title of the offense for which the reduction is made may not be altered.
84 conviction that requires the [
85 registration requirements under Title 77, Chapter 41, Sex and Kidnap Offender Registry, have
87 (b) [
88 individual's lifetime under Subsection 77-41-105(3)(c) may not be granted a reduction of the
89 conviction for the offense or offenses that require the [
92 conviction that requires the [
93 registration requirements under Title 77, Chapter 43, Child Abuse Offender Registry, have
95 (b) [
97 reduction of the conviction for the offense or offenses that require the [
98 register as a child abuse offender.
104 Section 2. Section 77-2-1.2 is enacted to read:
105 77-2-1.2. Reducing the level of an offense.
106 (1) Notwithstanding any other provision of law, a prosecuting attorney may:
107 (a) present and file an information charging an individual for an offense under
108 Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a
109 classification of the offense at one degree lower than the classification that is provided in
110 statute if the prosecuting attorney believes that the sentence would be disproportionate to the
111 offense because there are special circumstances relating to the offense; or
112 (b) subject to the approval of the court, amend an information, as part of a plea
113 agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through
114 (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one
115 degree lower than the classification that is provided in statute.
116 (2) A court may:
117 (a) enter a judgment of conviction for an offense filed under Subsection (1) at one
118 degree lower than classified in statute; and
119 (b) impose a sentence for the offense filed under Subsection (1) at one degree lower
120 than classified in statute.
121 (3) A conviction of an offense at one degree lower than classified in statute under
122 Subsection (2) does not affect the requirements for registration of the offense under Title 77,
123 Chapter 41, Sex and Kidnap Offender Registry, or Title 77, Chapter 43, Child Abuse Offender
124 Registry, if the elements of the offense for which the defendant is convicted are the same as the
125 elements of an offense described in Section 77-41-102 or 77-43-102.
126 (4) This section does not preclude an individual from obtaining and being granted an
127 expungement for the individual's record in accordance with Title 77, Chapter 40, Utah
128 Expungement Act.