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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the sentencing of a juvenile offender.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the sentencing of a juvenile offender for the conviction of certain sexual
13 offenses; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-3-209, as last amended by Laws of Utah 2021, Chapter 206
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-3-209 is amended to read:
25 76-3-209. Limitation on sentencing for crimes committed by juveniles.
26 (1) As used in this section, "qualifying sexual offense" means:
27 (a) an offense described in Chapter 5, Part 4, Sexual Offenses;
28 (b) Section 76-9-702, lewdness;
29 (c) Section 76-9-702.1, sexual battery; or
30 (d) Section 76-9-702.5, lewdness involving a child.
31 (2) (a) This Subsection (2) only applies prospectively to an individual sentenced on or
32 after May 10, 2016.
33 (b) Notwithstanding any provision of law, an individual may not be sentenced to life
34 without parole if:
35 (i) the individual is convicted of a crime punishable by life without parole; and
36 (ii) at the time the individual committed the crime, the individual was [
37 18 years old.
38 (c) The maximum punishment that may be imposed on an individual described in
39 Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that may be for
40 life.
41 (3) Except as provided in Subsection (4), if an individual is convicted in district court
42 of a qualifying sexual offense and, at the time of the offense, the individual was at least 14
43 years old, but under 18 years old:
44 (a) the individual is not, based on the conviction, subject to the registration
45 requirements described in Title 77, Chapter 41, Sex and Kidnap Offender Registry;
46 (b) the district court shall impose a sentence consistent with the disposition that would
47 have been made in juvenile court; and
48 (c) the district court may not impose incarceration unless the court enters specific
49 written findings that incarceration is warranted based on a totality of the circumstances, taking
50 into account:
51 (i) the time that elapsed after the individual committed the offense;
52 (ii) the age of the individual at the time of the offense;
53 (iii) the age of the victim at the time of the offense;
54 (iv) the criminal history of the individual after the individual committed the offense;
55 (v) any treatment assessments or validated risk tools; and
56 (vi) public safety concerns.
57 (4) Subsection (3) does not apply if:
58 (a) before the individual described in Subsection (3) is convicted of the qualifying
59 sexual offense, the individual is convicted of a qualifying sexual offense that the individual
60 committed when the individual was 18 years old or older; [
61 (b) the individual is convicted in district court, before the victim is 18 years old, of a
62 violation of Section 76-5-405, aggravated sexual assault[
63 (c) the conviction occurred in district court after the individual was:
64 (i) charged by criminal information in the juvenile court for the qualifying sexual
65 offense in accordance with Section 80-6-503; and
66 (ii) bound over to the district court for the qualifying sexual offense in accordance with
67 Section 80-6-504.
68 (5) If the district court imposes incarceration under Subsection (3)(c), the term of
69 incarceration may not exceed:
70 (a) seven years for a violation of Section 76-5-405, aggravated sexual assault;
71 (b) except as provided in Subsection (5)(a), four years for a felony violation of Chapter
72 5, Part 4, Sexual Offenses; or
73 (c) the maximum sentence described in Section 76-3-204 for:
74 (i) a misdemeanor violation of Chapter 5, Part 4, Sexual Offenses;
75 (ii) a violation of Section 76-9-702, lewdness;
76 (iii) a violation of Section 76-9-702.1, sexual battery; or
77 (iv) a violation of Section 76-9-702.5, lewdness involving a child.