HB 15 Criminal Code Recodification and Cross References is the annual criminal recodification bill. It modifies criminal provisions in Title 76, Utah Criminal Code, by redrafting offense statutes into a new structure and clarifying existing law. This bill doesn’t make any substantive changes and passed this session.

We spoke against HB 16 Sexual Offenses Amendments during its committee hearings. This bill was an interim bill prompted by the Court of Appeals ruling in State, in re CN. The CN decision was the product of a prosecution where a juvenile female had anal sex with a 9 year old boy. Rather than charge Sodomy on a Child, the prosecution elected to charge Rape of a Child. Surprisingly, the case went to trial without a request to amend the petition and the defendant was adjudicated. At issue was the definition of the then undefined term “sexual intercourse” in the context of the Rape of a Child statute. This bill defined the term “sexual intercourse” to include the mere touching of genitals as well as the penetration, however slight, of the individual's genitals. It defines rape of a child to include "sexual intercourse” as previously defined as well as "simulated intercourse” whether the conduct occurs over or under the clothing. It also included a new definition of “masturbatory contact” with a minor. The bill was a House Judiciary Committee bill and was slated for passage. Although we supported the adopted substitute of this bill, which moved the definition of "masturbatory contact” from object rape (25 to life) to sexual abuse of a child, as well as making changes to Unlawful Adolescent Sexual Activity (Romeo and Juliet) that are very positive and will benefit youth who engage in mutually welcomed sexual activity, we spoke against treating over the clothing offenses as statutorily identical to offenses under the clothing. Despite our concerns, the bill passed.

HB 26 Correctional Facility Amendments creates a third degree felony to transport, provide, sell, or possess a communication device at a correctional facility in violation of facility policy. Although this bill was written for the felony offense to target those who bring a cell phone into a correctional facility with the intent to give it to an inmate, it also makes it a class A misdemeanor offense to bring in a cell phone without notifying the correctional facility. There were many concerns from the defense bar that this would penalize attorneys visiting clients who forget to declare their cell phone to the facility. The bill was modified to require clear posting of notices/warnings in correctional facilities. The substitute clarified that cell phones in the parking lot would be excluded.

HB 30 Road Rage Amendments passed, creating the enhancement for road rage. Road rage will be charged as a step above any misdemeanor offense and equal to any felony offense. We spoke to the sponsor and got language added that explicitly carves out speech and gestures as protected free speech. We were also able to modify the enhancement and seizure provisions to only apply to class B misdemeanors and above.

HB 68 Drug Sentencing Modifications requires a court to impose an indeterminate prison term for using or having access to a dangerous weapon while distributing drugs. We negotiated with the sponsor and other stakeholders of this bill to change it from a minimum mandatory to an indeterminate term that can be suspended, as well as limiting the bill to situations where the weapon is knowingly and intentionally accessible. This version of the bill passed.

HB 69 DUI Testing Amendments requires the Department of Health and Human Services to screen blood and urine samples for both drugs and alcohol. We worked with the sponsor to remove the provision allowing these findings to be used to determine probable cause of DUI. This bill passed.

HB 81 Domestic Violence Modifications passed, adding the crime of propelling a bodily substance or material to those that qualify as a domestic violence offense. Although we are against this in concept, we believe this is already chargeable as domestic violence and didn’t publicly oppose it.

Although not directly a  juvenile justice issue, we tracked HB 84 School Safety Amendments which passed with a large fiscal note. This bill enacts requirements for schools, including implementing safety design changes and the implementation of a guardianship program which would allow school employees to volunteer as armed guards for the school.

HB 110 Sex and Kidnap Offender Registry Amendments was a cleanup technical bill from last session. Last year, management of the Registry was moved from the Department of Corrections to the Department of Public Safety. This bill makes technical changes in the code to reflect that, as well as clarifying that the purpose of keeping certain information for individuals on the Sex and Kidnap Offender Registry is "to assist law enforcement in investigating kidnapping and sex-related crimes and in apprehending offenders."

HB 114 Rape Crisis and Services Center Amendments passed, specifying rulemaking authority to the State Commission on Criminal and Juvenile Justice to create standards of care for a rape crisis and services center, grant eligibility standards, and compliance standards and procedures. (PAM)

HB 140 Amendments to Custody and Parent-time passed. The original version of this bill sought to require a parent to immediately notify the other parent if they reside with an individual or provides an individual with access to the child if they are aware that the individual is required to register as a sex offender, a kidnap offender, a child abuse offender, or has been convicted of child abuse, a sexual offense against a child, an offense for kidnapping or human trafficking of a child, a sexual exploitation offense against a child, or an offense that is substantially similar to these offenses. We were able to substitute the language with a provision from the domestic code that changes the notification requirement to a classification that a person living with a sex offender is a material change in circumstance which can allow the opposing spouse to seek a modification of child visitation privileges.

HB 147 Threat of Violence Amendments passed, which adds an imminent threat to commit a sexual offense under 76-5-4 to the Class B misdemeanor threat statute.

HB 148 Artificial Pornographic Images Amendments clarifies that certain prohibited materials in Title 76, Chapter 5b, Sexual Exploitation 9Act include computer-generated videos.

HB 156 Burglary Amendments passed. This bill originally added damaging, disabling, or interrupting a connected service to the first degree felony offense of aggravated burglary, but we worked with the sponsor to make significant changes. The final version of the bill creates a third degree felony of interrupting a connected service in the commission of a burglary. This includes knowingly damaging, disabling, or interrupting electrical, internet, or telephone services.

We testified in support of HB 158 Criminal Defamation Amendments, which repeals the class B misdemeanor offense of criminal defamation. This bill passed during the last week of the session.

HB 177 Forcible Entry Warrant Amendments modifies knock and announce warrants to allow officers to forcibly enter a premises if they have been near the premises for an extended amount of time and that individuals on the premises should know that an officer is present. We worked alongside Libertas on this bill to add language requiring an officer to announce their presence more than once before they are allowed to enter. Although this amendment doesn’t change most of our concerns, the sponsor was not open to further compromise and this version of the bill passed.

We spoke in favor of HB 203 Involuntary Commitment Amendments, which provides for the court-ordered civil commitment of an individual who has a mental illness and has a persistent unawareness of their mental illness or unreasonably refused to undergo mental health treatment who has been charged with a crime. The legislature has a growing interest in the intersection of mental illness and the criminal justice system. This bill is among a handful of bills intending to address the problems associated with the persistently mentally ill population on our streets. The bill modifies civil commitment standards to make it more likely that individuals can be civilly committed. The defense bar has supported these efforts as a means of intercepting these individuals before they become involved in the criminal justice system. 

HB 211 Penalty for False Statement During Drug Arrest passed, creating the class B misdemeanor of an actor falsely stating to a law enforcement officer that they ingested drugs before arrest, if the officer takes the actor to a health care facility for medical treatment. We spoke with law enforcement about this being an issue, it was rarely encountered in the field. Ultimately we did not choose to make this a priority.

We testified regarding HB 213 Crime Victim Records Amendments and pushed for a committee amendment that changed the language from the office “may” to the office “shall” provide a nonpublic restitution record to the court, the prosecuting attorney, and counsel for the offender. We later encouraged an amendment, which all parties agreed to, which stated that the office shall provide the information only in the event that a restitution hearing is requested. This version passed.

HB 218 Restitution Revisions amends restitution owed by a defendant to include financial support for an individual that a deceased or incapacitated victim had a legal obligation to provide for at the time of the defendant's criminal conduct. We spoke against this bill at every opportunity and believe that this is an issue designed to be handled by the civil system, not the criminal system. Despite our concerns, the bill passed. This is an issue we expect to be working on throughout the year. This bill will be problematic if we have to handle this type of case.

HB 225 Unlawful Kissing of a Child or Minor creates the class A misdemeanor offense of intentionally or knowingly kissing a minor on the mouth and penetrating the minor's mouth with the actor's tongue if the minor is under 14 or if the actor is older than the minor by 10 years or more. We worked with the sponsor to narrow the bill to forceful kissing that involves the tongue, as well as to allow the defense that the actor was not aware of the minor’s true age, which can be raised as long as the minor is over the age of 14. This can be a viable plea down option.

HB 238 Sexual Exploitation of a Minor Amendments was another high priority AI bill this session that passed. This bill adds artificially generated images to the child sexual abuse material statute, thereby removing the affirmative defense that no minor was actually depicted in the material. The newer version of the bill removes the original language stating that child sexual abuse material includes "a depiction that would lead a reasonable person to conclude that a minor is engaging in sexually explicit conduct." The bill is unconstitutional on its face in light of the United States Supreme Courts decision in Free Speech Coalition v. Ashcroft. We spoke against the bill in the Senate Judiciary Committee. Despite its patent unconstitutional nature, the bill passed. The sponsor anticipates constitutional challenges and believes the U.S>Supreme court, given its current make up, will over rule the Ashcroft decision.

HB 248 Inmate Amendments deals with inmate programming and how to keep programming consistent when inmates are transferred. We support this bill and its efforts to incentivize inmates to complete programs, and it passed this session.

HB 259 Juvenile Interrogation Modifications passed. This bill increased protections for young people who are taken into custody and interrogated by requiring an interpreter for non-English speakers, allowing a parent/friendly adult to attend the interrogation virtually, and requiring all interrogation be recorded. This bill also clarified that violation of this section could result in statements being suppressed. We helped draft this bill and made amendments to accommodate law enforcement concerns. We also added language for a remedy for exclusion, and added to statute the requirement that all interrogations be videotaped.

HB 272 Child Custody Proceedings Amendments passed. This bill requires the court to consider evidence relating to domestic violence or abuse in child custody cases. Although this bill is largely outside of our scope, we are concerned that it will force trial in domestic violence criminal cases.

HB 273 Sentencing Modifications for Certain DUI Offenses passed. This bill was brought forward due to the issue of victim notification in automobile homicide cases. Victims’ families would receive a notice saying that the offender may be released as early as one year and the victims’ families had the option to testify at the hearing in opposition. Although we are not aware of any offenders who have been released after only one year, the sponsor’s solution to this issue was to create a minimum mandatory incarceration sentence for automobile homicide of five to fifteen years. Our organization is strongly opposed to minimum mandatory sentences, and we believe that there is a better solution to this victim notification issue. We testified in committee regarding the importance of judicial discretion and deciding these cases on a case by case basis. We were able to get a substitute passed in the last few days that gave judges discretion to suspend the prison sentence in certain circumstances.

We spoke in support of HB 299 Court-ordered Treatment Modifications, which amends the amount of time an individual may be held under temporary commitment from 24 hours to 72 hours and provides that an individual with at least ten criminal cases in the previous five years, with at least one felony charge in each case, has demonstrated an inability to exercise sufficient behavioral control to avoid serious criminal justice involvement and directs care for these individuals. This bill passed.

HB 322 Sexual Assault Investigation Amendments passed, requiring POST to establish and annually review the best practices for investigating sexual assaults in consultation with the Utah Victim Services Commission's subcommittee on rape and sexual assault. We will attempt to learn when the model policy is created, but anyone handling these cases should be aware of, and ask for that policy when working their cases.

HB 338 Mentally Ill Offenders Amendments passed, expanding on the bill run last year that created the plea of guilty with a mental condition. Qualifying conditions now include Bipolar I disorder as well as PTSD. It also gives examiners greater access to criminal and treatment history of an individual for evaluation and  treatment plan purposes. We spoke in support of this bill, as did prosecutors.

HB 345 Driving Penalty Amendments increases fines for speeding in a school zone and failure to obey school bus signals. We testified in committee about the overall bill and were able to reduce the community service hours to much more reasonable hour requirements. The bill passed.

HB 350 Criminal Intent Amendments is a response to the Counterman v. Colorado case. The statute adds the mens rea of recklessness to verbal threat-based statutes that currently don’t have a mens rea or only have a reasonable person mens rea. It adds recklessness to criminal stalking, threatened or attempted assault on an elected official, and tampering with or retaliating against a juror to add recklessness.

HB 352 Amendments to Expungement passed, modifying expungement provisions and temporarily repealing automatic expungement. We talked with the sponsor and she agreed to reduce the pause on automatic expungement to three years, which means automatic expungement will resume in 2027. We also worked with her to add language allowing someone to apply to be put at the front of the line for expungement until 2027 and removing the ban on automatic expungements for DV convictions. We also discussed with interested parties ways to improve the system and they agreed to continue working with us on this issue.

HB 356 Bail Amendments requires a jail or pretrial services employee to include additional information with the probable cause statement submitted to the magistrate. Specifically, whether the individual is intoxicated to a degree that would endanger them or someone else if they were released. It does not change the standard or factors a magistrate must consider for release. The bill passed.

HB 362 Juvenile Justice Revisions makes possession of a handgun by a minor a third degree felony; clarifies that a minor under 14 is only permitted to possess a dangerous weapon if they have permission and are accompanied by a parent, guardian, or responsible adult; youth over 14 and under 18 may possess if they have permission; rewrites and provides penalties for adult and juvenile criminal solicitation; reduces two previous occasions down to one previous occasion for referring class c misdemeanors, infraction, or status offenses to Juvenile Court that happen on school property; and expands reintegration plans to include serious offenses which would include a violent felony (76-3-203.5), theft of a firearm offense (76-6-4), or a weapons offense (76-10-5). We are only tolerant of this bill, and worked to limit truancy referrals to the juvenile court. We also worked to remove language requiring secure care on the second possession of a dangerous weapon. This version of the bill passed.

HB 395 DUI Offense Amendments was a high priority this session. This sponsor routinely runs DUI omnibus bills that increase penalties and restrict the ability to negotiate case resolutions.  This bill started out much worse. The final version does six bad things and one good thing: 

1. Creates a presumption of detention after arrest if a person was on pretrial release, probation, or parole for DUI and is arrested for a subsequent DUI, but also creates a rebuttable presumption of release if the court orders the person to participate in an inpatient drug and alcohol treatment program or home confinement through the use of electronic monitoring

2. Increases the penalty for wrong way DUI drivers from a Class B to a Class A

3. Provides that a felony offense of “refusal to submit” to a chemical test becomes enhanceable for life, with every subsequent also being a felony

4. Provides that out of state felonies may be used to enhance penalties in Utah for life (previously limited to a 10-year enhancement period)

5. Requires the Sentencing Commission to create stricter guidelines for DUI with injury or death, extreme DUIs, and interlock violations

6. Provides that the time period for interlock doesn’t start until it is installed, even if a person doesn’t drive in the intervening period

7. Requires the Department of Public Safety to waive participation and testing fees for indigent individuals participating in the 24-7 sobriety program

HB 414 Student Right to Counsel requires an institution of higher education to allow the accused student and the alleged student victim to have legal representation at a disciplinary proceeding. This bill passed.

HB 418 Student Offender Reintegration Amendments passed. This bill is very problematic for young people and school success. It creates a new definition of “sexual crime” and “sexual misconduct” to include any conduct described in: Title 76, Chapter 5, Part 4, Sexual Offenses; Title 76, Chapter 5b, Sexual Exploitation Act; Section 76-7-102, incest; Section 76-9-702, lewdness; and Section 76-9-702.1, sexual battery. It requires an LEA to adopt a policy regarding a student who commits a violent or sexual crime. If a student has committed a violent felony or sexual crime, it provides a process for a school resource officer to provide input for the LEA to consider regarding the safety risks a student may pose upon reintegration. Establish a process to inform a school resource officer of any student who is on probation. Creates procedures for determining an alternative placement for a student if the student attends the same school as the victim of the student's crime and an individual who has a protective order against the student. This bill also adds the actual use of violence or sexual misconduct to the list where a LEA shall suspend or expel a student and clarifies reintegration plan requirements. This bill DID NOT connect to the statute on what would trigger a reintegration plan. So with HB 362, it expands to include serious offenses which would be violent felony (76-3-203.5), theft of a firearm offense (76-6-4), or a weapons offense (76-10-5). The bill did add to the list of what is required in a reintegration plan: if the violent felony was directed at a school employee or another student within the school, notification of the reintegration plan to that school employee or student and the student's parent. A school district may not reintegrate a student into a school where: a student or staff member has a protective order against the student being reintegrated; or a student or staff member is the victim of a sexual crime committed by the student being reintegrated unless the victim consents. We also worked with the sponsor of SB 246 Juvenile Justice Modifications, which requires an LEA to transfer a youth's reintegration plan to their new school for one year following the notification from the court's to the school.

HB 424 Lewdness Involving a Child Amendments passed, increasing the penalty for lewdness involving a child from a class A misdemeanor to a third degree felony and adding simulated offenses to the lewdness involving a child statute as class A misdemeanors IF THE ACTOR IS OVER 14. 

We spoke against HB 432 Child Abuse and Neglect Reporting Amendments at every hearing. This bill provides that clergy members may report abuse or neglect even if the perpetrator made a confession to the clergy member. The clergy member must have a good faith belief that the abuse is “ongoing” but the statute provides no guidance as to what constitutes “ongoing” abuse, what type of information can be reported or whether a clergy person is required to warn a penitent that their statements may be subject to reporting. The bill will make it more likely that religious institutions will be sued for failures to report if they honor the traditional priest penitent privilege. We testified that allowing reporting undermines the sanctity of the priest penitent privilege and that permissive reporting may push the behavior further underground. Despite our objections, the bill passed. Other bills this session that attempted to alter this section of code failed, such as HB 131 Clergy Child Abuse Reporting Requirements which allowed clergy to report, and HB 444 Clergy Reporting Requirements which required clergy to report. HB 398 Child Abuse Reporting Amendments also failed, which would have changed required reporting to only apply in situations of "heinous" abuse and neglect and made exempt from the requirement individuals who believe that reporting heinous abuse or neglect would further endanger the child.

HB 459 Blended Plea Amendments passed. This bill prohibits blended plea agreements, which are plea agreements that combine juvenile disposition and adult sentencing provisions arising from a single criminal episode. Prosecution was opposed to the original bill’s retroactive clause, which created a second chance look and would have allowed youth to be released before transferring to an adult prison or to be released early from prison.  Ultimately, the final version of the bill removed the retroactive clause altogether. However, we are hopeful this conversation is helping in moving the Board of Pardon to make rule amendments where young people with lengthy prison sentences are concerned and to open dialogue around second chance legislation.

HB 495 Vulnerable Population Amendments passed. The original version of this bill sought to create the Vulnerable Population Abuse Registry and codify a list of registerable offenses, with misdemeanor offenses subject to a 10-year registration period and felony offenses requiring lifetime registration. The passed version of the bill is substantially different, enacting provisions which require that fingerprints of employees of care facilities be part of a “rap back” criminal history database system to notify the facilities if there is an update to the employee’s criminal history.  It also requires facilities to report all incidents of abuse, neglect, or exploitation to DCFS, Adult Protective Services, or a law enforcement agency.

HJR 8 Joint Resolution Amending Rules of Civil Procedure on Disqualification of a Judge allows either attorney in a civil case to disqualify a judge. The Judiciary is strongly opposed to this bill, but it passed despite their opposition.

HJR 13 Joint Resolution Amending Court Rules of Procedure and Evidence Regarding Preliminary Hearings was one of our highest priority bills this session. This bill was brought forward in response to our two prelim reform bills that passed last year, SB 87 Criminal Prosecution Modifications and SJR 6 Joint Resolution Amending Rules of Procedure and Evidence Regarding Criminal Prosecutions. The bill was prompted by concerns from prosecutors that last year's bill would require victims to testify in certain cases. These concerns were prompted by rulings from 2 judges in Utah County. It should be noted that in neither case was the victim required to testify. In fact, it seemed that prosecutors made deliberate strategy decisions to set the cases up for appeal. The bills clarified that victims may testify, but can not be compelled to do so. Importantly, 1102 statements are not admissible unless the state calls a law enforcement officer with knowledge of the details of the investigation. The bill also clarifies that details regarding the investigation can be developed through either direct or cross examination. Defense, prosecution, and victims groups all spoke in support of the bill and continued negotiations, including two of our attorneys. The bill passed after considerable compromise.

SB 11 Sex and Kidnap Offender Registry Access makes some information searchable on the registry. In our discussions with stakeholders on this bill, it appears that it will enact a reverse telephone number search, meaning that someone can search a phone number to see if it belongs to someone on the registry. We have concerns that this bill will allow people to run programs searching for hundreds or even thousands of numbers at once and use it to harass people, but the bill has passed despite this concern.

SB 23 Offender Registry Amendments passed after negotiations between the Registry and prosecution/defense attorneys. This bill merges the Sex and Kidnap Offender Registry and the Child Abuse Offender Registry into a single registry called the "Sex, Kidnap, and Child Abuse Offender Registry." Before this bill passed, the registry had an unlimited time period to find a plea agreement illegal, which affects criminal outcomes years after a case is resolved. We were opposed to merging these registries unless the window of time was shortened considerably. The compromise we struck was adopted, which provides a 60-day window for the registry to intervene in illegal plea agreements. We were opposed to the provision that moves the crime of enticing a minor from those with a ten-year registration requirement to those with a lifetime registration requirement, but that remained in the bill.

We spoke against SB 50 Aggravated Assault Modifications several times, which removes language that requires an act of impeding someone’s breathing or circulation to the point of “likely produce a loss of consciousness" in order to be charged as aggravated assault. Although we don’t love the bill, we were able to include language that requires that the act be “intentionally or knowingly”. This version of the bill passed. An identical bill was run that failed, HB 150 Aggravated Assault Amendments.

SB 60 Drug Paraphernalia Amendments passed. This bill allows dismissal of a charge of possession of drug paraphernalia if the person is currently enrolled in a syringe exchange program and the hypodermic syringe or needle is stored in a sealed puncture-resistant container that is clearly marked on the outside of the container.

SB 63 Board of Pardons and Parole Amendments was a bill originally opposed by certain prosecutorial agencies and the defense bar. The original bill allowed the Board of Pardons and Parole to intervene in any judicial or administrative proceeding, including a criminal action, in which the board's jurisdiction may be affected. Prosecutors requested that the allowed time frame in this bill for the board to correct an illegal sentence be shortened from 90 days to 30 days, and the compromise was 60 days. This amendment was adopted and the bill passed.

SB 76 Evidence Retention Amendments represents the sponsor’s continuous efforts in evidence retention. Last session, the bill dealt with evidence retention for misdemeanor offenses. This year, the bill addressed the required time period that law enforcement must retain evidence for a felony offense and biological evidence for a violent felony offense.

SB 88 Juvenile Justice Amendments passed. This bill was initiated by us, we worked with the sponsor and legislative counsel to draft the language. Prohibits jail from being used as an alternative to detention. It allows the Division of Juvenile Justice Services to manage accounts and finances for minors in the custody of the Division of Juvenile Justice Services. Prohibits DNA from being ordered on a plea in abeyance unless the youth’s admission is entered for failure to successfully complete. Clarifies the applicability of the DNA statute depends on the age of the youth at the time of offense and not the age at adjudication.

SB 104 Children's Device Protection Act creates the class A misdemeanor offense of any person, with the exception of a parent or legal guardian, enabling the removal of an obscenity filter on a device in the possession of a minor. Although manufacturers and phone companies spoke against this bill, citing concerns with liability, several people from the public showed up in support. The substitute clarifies that retailers and their employees are not liable for violations of this bill, but otherwise doesn’t make any substantive changes. We worked with the sponsor and the drafting attorney and we have had it redrafted to get the mens rea to be disabled for the specific purpose of showing pornography to a child. This version of the bill passed.

SB 109 Corrections Amendments passed, which clarifies the roles of county sheriffs and the Department of Corrections regarding the detention of probationers and parolees who have allegedly violated a condition of probation or parole. The bill contains provisions that permit county sheriffs to make findings and, in certain circumstances, conduct hearings. This language caused the defense bar concern, although representatives from the courts have clarified that it is already a part of Utah law.

Another top issue this session was SB 110 Domestic Violence Amendments. In 2022, the sponsor ran H.B. 196, Transfer of Domestic Violence Cases, which allowed domestic violence misdemeanor cases to be transferred directly to district court in an effort to remove de novo review in a district court after a justice court trial. This was a priority oppose bill for us, but it managed to get through due to a rescinded amendment deal. This year, the sponsor ran SB 110 to extend domestic violence case transfer to 2029. In the last two years, we have requested specific language that would clarify that the victim must be contacted first before transfer can occur, but this change was never made. In speaking with the interested parties, we were led to believe that the bill was not going to pass, yet it did again. We worked with the house sponsor to add our requested language to HB 308 Crime Victim Amendments, which restructures victims councils and addresses relief for a violation of a victim's right. We were originally against HB 308, but backed it with our requested DV transfer language and it passed. So now, victims must be asked if they would like their case transferred and request the transfer before it can occur.

SB 131 Information Technology Act Amendments is another AI bill this session that passed. It originally added a penalty enhancement for several crimes if committed with artificial intelligence, but we spoke with the sponsor and changed the language so instead of increasing penalties, the use of AI becomes an aggravating factor.

SB 139 Competency Amendments passed, which requires the Office of Substance Use and Mental Health to conduct a study on the delivery and accessibility of mental health treatment and supports in the state.

Another AI bill, SB 149 Artificial Intelligence Amendments, passed, providing that an actor may be found guilty of an existing offense if the offense is committed with the aid of a generative artificial intelligence.

SB 163 Expungement Fee Waiver Amendments passed, which allows an individual to bring a petition for expungement without paying a fee when the individual is receiving services for the expungement from a nonprofit organization or a public benefit corporation that provides services to low-income individuals seeking expungement.

SB 174 Safe Leave Amendments requires certain state employers to allow an employee to use one week of paid safe leave per year if the employee or their family member has been the victim of domestic violence, sexual assault, stalking, or human trafficking. This bill passed.

SB 180 Court Jurisdiction Modifications cleans up statutory language regarding the juvenile court and the justice court’s jurisdiction over offenses committed by 18 year-olds. This bill gives the juvenile court jurisdiction over misdemeanors, infractions, and ordinance violations committed on school property if committed by an 18-year-old enrolled in the high school where the offense occurred. The bill passed.

Several bills were run this session aimed at limiting Utah’s advisory commissions, such as the Commission on Criminal and Juvenile Justice (CCJJ) and the Utah Sentencing Commission (USC), all of which passed. SB 200 State Commission on Criminal and Juvenile Justice Amendments reduced the number of members on CCJJ and USC, as well as requiring the Legislature to approve the sentencing and supervision length guidelines and the juvenile disposition guidelines developed by CCJJ. We spoke in opposition to SB 200, as did other defense and prosecution groups. HB 532 State Boards and Commissions Modifications sets repeal dates for the Criminal Justice Data Management Task Force, the Domestic Violence Data Task Force, the Crime Victim Reparations Assistance Board, and the Utah Council on Victims of Crime. HB 534 Boards and Commissions Modifications repeals the Criminal Code Evaluation Task Force and the Sex Offense Management Board this year. Many stakeholders were concerned with repealing the Criminal Code Evaluation Task Force when they are only partway through recodification. The House member that oversees that task force ran HJR 30 Joint Rules Resolution - Interim Subcommittee Amendments, which would have created a recodification subcommittee, but it ran out of time to be heard. We expect that this subcommittee will be formed during the interim.

SB 212 Substance Use Treatment in Correctional Facilities passed, which allows the Department of Corrections to cooperate with medical personnel to provide medication assisted treatment to inmates who had an active medication assisted treatment plan prior to incarceration.

SB 213 Criminal Justice Modifications was another one of our highest priority bills this session, as the original version did a laundry list of reform rollbacks. We worked on this issue with the sponsor, and as it stands, the passed version of the bill: defines habitual offenders as those with six or more felony cases in the last five years; requires a court to detain a habitual offender if they are on probation or parole or if they have 9 or more convictions; requires courts to order a presentence report for all habitual offenders; directs the sentencing commission to create guidelines for sentencing habitual offenders; requires the sentencing commission to create risk categories for probation; allows courts to consider victim statements with the same weight as victim testimony; allows victim notification to occur through email or website notification in addition to mail; in sex offenses, considers 18 year olds in high school the same as 17 year olds; gives judges greater discretion to send high-risk, high-needs individuals to drug court for non-drug charges that are still drug abuse-related; allows for an 18 year old in high school engaging in "mutually welcomed" sexual activity to be charged under unlawful adolescent sexual activity versus rape of a child or sexual abuse of a child and prevents registration for the offense.

SB 231 Public Surveillance Prohibition Amendments passed, prohibiting a governmental entity from obtaining biometric surveillance information without a warrant. We narrowly tailored language with Libertas to describe and define situations where a warrant would not be needed.

S.B. 233 Medical Cannabis Amendments passed, removing two third degree felony offenses relating to obtaining and releasing information in the state electronic verification system and creating a class B misdemeanor offense for police officers who use the database to access information in the electronic verification system for a reason that is not the administration of criminal justice.