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 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 if it is in the interest of justice and if the court details this finding on the record.

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 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.

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.