Bills that Created New Offenses
or Expanded Criminal Offenses
Felonies
Passed:
HB 37 Voter Signature Verification Amendments adds election officers to the third degree felony offense of poll workers who willfully neglect or act corruptly in discharging their duty.
HB 143 Parental Kidnapping Amendments creates a third degree felony offense of parental kidnapping when a parent, who has either lost parental rights or never had them, absconds with a child.
HB 297 Victim Services Amendments requires CCJJ and law enforcement agencies to compile data on sexual assaults. It restricts the time period in which a victim of rape or incest can get an abortion to 18 weeks and makes performing an abortion on a victim of rape or incest after 18 weeks a second degree felony.
SB 169 Enticement of a Minor Amendments expands the offense of enticing a minor to include developing a "relationship of trust with the minor or the minor's parent or guardian with the intent to solicit, seduce, lure, or entice, or attempt to solicit, seduce, lure, or entice the minor to engage in sexual activity that is a violation of state criminal law." It also amends the definition of text messaging to include communication from any electronic communication device and amends previous sex offenses that can be used to enhance a new offense to remove over the internet from the felony offense of enticing a minor. The bill will have an impact on sting cases involving the newest sting script protocol- the father who is offering his child for sex with adults.
Failed:
HB 89 Gun Safety Amendments sought to create a waiting period between the purchase of a firearm from a dealer and the delivery of the firearm to the purchaser as well as creating a third degree felony offense of willfully and intentionally making a false statement when applying for an exemption to the waiting period.
SB 254 Drug-induced Homicide Amendments sought to create the second degree felony offense of drug-induced homicide, defined as an actor causing or contributing to the death of someone to whom they sold a controlled substance. This bill was run last year and also failed to pass. Due to the concern that family and friends would be the main perpetrators of this offense, the bill this year stipulated that the controlled substance must be sold to the deceased by the actor, not just distributed. The bill also allowed for an affirmative defense if the actor reports the overdose. We testified that in statute, the sale of a controlled substance can mean a wide variety of things, including an exchange of goods or services. We also testified that there is an assumed risk inherent in every use of drugs and that a dealer is not able to know which other drugs an individual might already be using, making it impossible for dealers to make informed decisions regarding the sale of drugs. We spoke particularly against this offense applying not just in situations where a controlled substance causes the death of an individual, but also in situations where controlled substances “contribute” to the death of an individual. This bill was widely opposed and failed on the Senate floor.
Misdemeanors
Passed:
HB 38 Initiative and Referendum Modifications adds the act of paying an individual to sign an initiative petition to the class A misdemeanor associated with elector misconduct.
HB 108 Child Sex Doll Prohibition creates the class A misdemeanor offense of possessing a child sex doll and the third degree felony offense of purchasing or distributing a child sex doll.
HB 208 Criminal Trespass Amendments creates the class B misdemeanor offense of criminal trespass for those who step out of a boat onto a stream bed or stream bank.
HB 247 Alcohol Control Amendments makes it a class B misdemeanor to knowingly alter or destroy a record relevant to an official proceeding under the Alcoholic Beverage Control Act. It also requires certain licensees under the Alcoholic Beverage Control Act to, after receiving notice of a certain civil or criminal action, retain records relevant to the action. It describes the circumstances under which there is prima facie evidence that a person is liable for an injury or death that results from the intoxication of another individual.
HB 261 Fire Related Amendments creates the class B misdemeanor offense of setting certain areas/materials on fire during a Red Flag Warning period without a permit.
HB 304 Juvenile Justice Revisions was one of our high priority issues. This bill designates existing funds for a juvenile gang and other violent crime prevention and intervention program; requires courts to notify schools and SROs about students that have committed violent felonies, weapons offenses, or are placed on probation; requires schools to create a reintegration plan for every student they receive a notification from court for; expands when a school can refer a case directly to law enforcement or court; allows for detention to be used for class C offenses and contempt of court for the substantive offense happening on school property; makes it a class B misdemeanor for a juvenile to possess a machine gun attachment; emphasizes reporting requirements on weapons brought to school; and modifies non judicial eligibility requirements, including adding to the list of offenses not eligible of NJ through probation. The original bill allowed detention to be used for status offenses (truancy) and the valid court order exception, allowed tobacco and truancy to be referred directly to law enforcement and court, and restricted NJA eligibility.
HB 324 Workplace Violence Protective Orders Amendments creates workplace violence protective orders, the violation of which is a class A misdemeanor.
HB 467 Abortion Changes creates the class B misdemeanor offense of prescribing an abortion-inducing drug unless the prescriber is a Utah-licensed physician. This bill also adds an intentional mens rea for killing an unborn child and allows pregnant individuals age 12 and under to have the same access to abortion services as victims of rape or incest.
SB 180 Private Postsecondary Education Modifications provides a class B misdemeanor penalty for intentional violations of consumer protection.
SB 219 Criminal Privacy Violation Amendments- the Skinwalker Ranch bill- expands the class B misdemeanor offense of privacy violation to include using advanced technological instrumentality to detect, observe, measure, map, or otherwise capture information or data about the property or characteristics of the property of another for which the property owner has an expectation of privacy.
SB 246 Accident Report Access Amendments makes it a class A misdemeanor to use information in an accident report to market legal services.
Failed:
HB 97 Government Records Access Amendments would have created the class B misdemeanor offense of an officer or employee of a governmental entity refusing to conduct a record search after the governmental entity requests one. This bill was not heard in committee.
HB 147 Crime Posting Restrictions would have made it a class B misdemeanor to distribute a recording of a crime unless the crime has been reported to law enforcement prior to distribution. This bill failed the House floor vote.
HB 148 Firearm Amendments would have made it a class A misdemeanor to possess a firearm on which the identifying marks have been altered or removed. It also attempted to add possession of ammunition to the various penalties associated with firearm possession by a restricted person and required the Bureau of Criminal Identification to inform local law enforcement when a prohibited person attempts to purchase a firearm from a firearm dealer. It would have required firearm dealers to distribute a firearm safety brochure at the time of the transfer of a firearm and post a written notice of potential liability for the negligent storage of a firearm, the failure of which would be a class C misdemeanor. Another bill was introduced this session that would have made it a class A misdemeanor to possess a firearm on which the identifying marks have been altered or removed, SB 69 Firearm Identification Amendments, but neither of these bills were heard in committee.
HB 254 Penalty for False Statement During Drug Arrest would have made it a class B misdemeanor offense for someone under arrest to falsely claim that they ingested drugs, with the false claim causing law enforcement to take them to a hospital. This bill passed the House vote but ran out of time in the Senate.
HB 366 Political Disclosures Amendments would have expanded the class B misdemeanor offense of concealing a contributor's identity to include making a public service assistance. It was never heard in committee.
SB 178 Sexual Assault Modifications passed the Senate vote but failed to be recommended to the House floor. The original version of this bill sought to add the removal of a sexually protective device to the consent statute. The most recent version created a new class A misdemeanor offense of nonconsensual removal of a sexually protective device. This offense would have been charged as a third degree felony if the victim became pregnant or contracted an STI. Defense and other criminal justice stakeholders were very opposed to this bill and spoke against the bill in the House Law Enforcement Committee which voted against the bill. The sponsor then attempted to insert the bill's language to another bill but was unsuccessful. We anticipate seeing this bill again.
SB 248 Tobacco Amendments would have made it a class B misdemeanor to remotely sell a cigar or pipe tobacco without a license. Thi
Infractions
Passed:
HB 55 Off-highway Vehicle Registration Requirements creates the infraction offense of renting an off-highway vehicle to an individual without a certificate of completion of the off-highway vehicle safety education and training program.
SB 27 Transportation Revisions creates the infraction offense of passing a snowplow when it is flashing yellow lights.
SB 85 License Plate Requirement Amendments expands the infraction offense associated with license plate readability to include adding a tinted or clear cover that obscures the readability of the license plate.
Various/Procedural
Failed:
HB 354 Firearm Access Amendments would have created a criminal penalty for firearm owners who fail to secure a firearm that is used by a restricted/at-risk person or a minor to commit a crime or injure someone. This offense would have been charged as one level below the offense charged against the restricted/at-risk person or minor. This bill failed to pass out of committee.
SB 68 Restricted Person Possession Amendments would have amended offenses related to a restricted person in possession of a dangerous weapon to include ammunition but failed to be heard in committee.