LEGISLATIVE SUMMARY

Passed

HB 20 Correctional Facility Capacity Amendments

Creates a new dedicated account within the General Fund specifically for the building of expanding or constructing state correctional facilities.  $125 million was appropriated this session with additional similar appropriations expected the next two years with the intention of building new facilities at the Gunnison prison site. The current total combined capacity at Utah’s prison sites is 7,220, with a safety valve number of 7,076. Current prison population is approximately 6,500. New construction would add 768 new beds anticipated to meet demand through 2036.

HB 24 Criminal Penalty Amendments

Reduces the traffic offense of speeding in a school zone from an MC to an INF, if the person is going 9 mph or less over the limit, and reduces the offense of careless driving from an MC to an INF. Merges the criminal offenses of operating a motor vehicle without an owner's or operator's security and failing to carry evidence of owner's or operator's security to be carried when operating a motor vehicle. This bill requires the suspension of someone's driver’s license if they operate a vehicle without insurance, but it allows for waiver of $300 of the $400 fine if the operator immediately obtains insurance and provides that is an affirmative defense if the person can prove they had insurance.

HB 54 Boating Safety Education

Creates an INF for an operator of a watercraft vessel that does not have a current safety license on board: “An individual may not operate a watercraft unless the individual has in the individual's immediate possession proof that the individual completed the watercraft operator safety course described in this section within the current calendar year.”

HB 87 Animal Crime Victim Amendments

Allows police to obtain a warrant to search for and impound an animal being abused and allows a court to order a defendant to participate in available animal cruelty prevention programs or to obtain psychological counseling for treatment of mental health disorders that, in the court's judgment, contributed to the commission of the crime. This bill permits a court to order an animal owner to pay for the costs of sheltering an animal due to the owner's criminal activity and permits a shelter or government counsel to file a motion to have a court review whether an animal being held in a shelter due to criminal activity should be forfeited or transferred to alternative care.

HB 89 Use of Polygraph Amendments

Prohibits law enforcement, prosecutors, courts, or other government officials from asking or requiring a victim of a sexual offense to submit to a polygraph examination as part of a criminal investigation or prosecution of the sexual offense.

HB 90 Sexual Offenses Amendments

Removes many carveouts in criminal code that made the crimes of enticing a minor, sexual battery, lewdness, and lewdness in front of a child not part of enhanced offenses or qualified crimes. Some of the major provisions that some or all of the four offenses were added to include:

• 34-52-201 - list of convictions upon which employers may make hiring decisions

• 76-3-203.1 - gang/group enhancement 

• 76-3-203.12 - enhanced penalties for HIV, AIV, Hep B or C infected person

• 76-4-203 - criminal solicitation

• 77-2-9 - list of prior offenses for which magistrate cannot grant a diversion for DV

We were able to get the very worst provisions removed, which added the four additional offenses to the following enhancement schemes:

• 76-3-203.5 - list of violent felony offenses that is used to enhance penalties for habitual violent offenders

• 76-3-407 - list of prior sexual offenses and qualifying sexual offenses for which the minimum and maximum penalty is increased by five years and makes the entire imprisonment sentence mandatory

We also moved the effective date to January 1, 2027 in case clients want to try for expungements before then.

HB 102 Victim Privacy Amendments

Allows a crime victim to request the use of their initials instead of their name in publicly available criminal justice documents. However, the bill does require criminal justice entities to provide the name of a victim identified by initials in response to a court order and requires them to maintain any information about a victim that is necessary to respond to a lawful court order.

HB 110 Offender Modifications

Requires a court to order AP&P, with their consent, to supervise an individual convicted of an MB if the individual is homeless and has previously been convicted of 5 or more MBs. Requires BOPP to consider any new criminal offenses committed by an individual when determining whether to parole an offender who has previously been paroled and prohibits paroling someone before reaching the period of their minimum sentence unless a full hearing is held and BOPP finds a clear and convincing showing that the offender is no longer dangerous. Prohibits BOPP from pardoning sex offenders before the full 10- or 20-year registration requirement is fulfilled and prohibits an offender from receiving a certificate of eligibility for expungement when, at the time of sentencing for their offense, they are required to be on the registry. 

HB 113 Emergency Reporting Abuse Amendments

Creates enhancements for the MB offense of making a false emergency report if the false report is a third or subsequent conviction (MA) or if the report causes a delay that results in serious bodily injury (MA) or death (3F). Adds the act of calling 911 to the offense when the actor knows, or reasonably should know, that no actual or perceived emergency, crime, or other circumstance jeopardizing public safety exists and the person has previously been informed that the reported situation is not an emergency. Additionally, this bill adds a mandatory 4 days in jail or 40 hours of community service to the base MB offense.

HB 122 Pregnant and Postpartum Inmate Amendments

Requires UDC and each county jail to report to CCJJ the number of known pregnant inmates in custody and the number of inmates in custody who are parents to a minor child. Prohibits the restraining of an inmate during postpartum recovery unless an individualized determination of security risks is made that details why the restraints are necessary. Increases the period of time (from 6 weeks to 12 weeks) that the department and each county jail is required to provide access to a social worker to an inmate who is pregnant, or who has recently given birth, to help the inmate arrange childcare, establish a reunification plan, and establish a substance abuse treatment plan.

HB 136 Unlicensed Driver Amendments

Requires impoundment of a vehicle when the operator is an adult who has never been issued a driving credential and requires police officers to collect a quick fingerprint if the operator does not have valid identification on them or if the officer believes the identification is fraudulent. Increases penalties for a subsequent conviction of driving without a license from an INF to an MB.

HB 158 Unlawful Tracking Amendments

Expands the MA offense of unlawful use of a tracking device or tracking application to include: placing a tracking device on someone's person or their tangible personal property; causing a third party to place a tracking device; and continuing to use a tracking device that was originally placed with the other person's consent when the consent has since been revoked. Creates an exception for parents or guardians tracking their minor children or a vulnerable adult in their care.

HB 186 Judicial Conduct Commission Amendments

Provides that if the Supreme Court justices place a judge on administrative leave without having received a referral from the Judicial Conduct Commission, AOC shall immediately file a complaint against the judge with the commission. Provides that the commission is not required to refer an allegation of criminal misconduct to the Supreme Court or a prosecutor if AOC filed the complaint giving rise to the allegation. Makes records of the Judicial Conduct Commission protected records. 

HB 188 Juvenile Justice Amendments

Limits the number of times a juvenile offender is eligible for a nonjudicial adjustment or school-based consequence for repeated drug offenses, which was previously potentially unlimited. Also clarifies searches conducted at school by school personnel.

HB 205 Substance Abuse Intervention Amendments

This bill updates several substance use programs and introduces new enforcement tools across four main areas:

• Jail Recovery Pods: Counties can establish voluntary substance use treatment pods within jails. The local mental health authority must approve the sheriff's program to ensure it meets best practices. (Existing pods are exempt from these rules until July 1, 2029).

• STEP Supervision Program: Justice courts in first- and second-class counties may create the Structured Treatment and Enforcement Pathway (STEP). This voluntary, treatment-court-style program combines judicial supervision, substance use treatment, random drug testing, and graduated sanctions.

• Syringe Exchange Restrictions: Exchange programs may now only distribute syringes, not other drug paraphernalia like pipes or straws. Furthermore, they cannot operate in public parks, within 100 feet of a homeless shelter, or on any public property without written government authorization.

• "Off-Limits" Orders: Courts can ban individuals charged with or convicted of public drug offenses from returning to the specific location of the offense (e.g., a public park) for up to one year. These orders are logged in UCJIS, and violations are punishable as a class A misdemeanor or contempt of court.

HB 207 Competency Amendments

Requires courts to mandate two competency evaluations simultaneously in a single order, rather than waiting for a party to dispute the first outcome before ordering a second. Additionally, courts have a specific mechanism to direct the Department of Health and Human Services (DHHS) to perform extra or updated evaluations under strictly limited conditions. The bill also permits transferring defendants to clinical or inpatient facilities to finish these evaluations. To protect privacy, the disclosure of certain medical details is restricted strictly to situations where it is clinically appropriate. Finally, a new provision ensures that involuntary medication orders continue seamlessly when a defendant is moved between facilities, such as returning to a jail from the State Hospital.

HB 221 Coercion Amendments

Creates the 2F of aiding or encouraging suicide when: the actor intentionally, and with knowledge that another individual intends to commit suicide, aids the individual to commit suicide; or the actor, on four or more separate occasions, intentionally encourages another individual to commit suicide, is reckless on whether their conduct would cause the individual to commit suicide, and the individual does commit or attempts to commit suicide. Expands the 3F of sexual extortion to include refusing to delete an intimate image after a victim requests it and adds a mandatory fine of $5,000. Makes aggravated sexual extortion a separate 1F offense with a mandatory $20,000 fine. Adds the criminal offenses of sexual extortion and aggravated sexual extortion to the list of offenses that are eligible to be charged as DV.

HB 230 Offender Amendments

Allows offenders in jail for longer than 6 months to work on renewing their driver’s license. Requires parole officers to report to CCJJ annually on the housing status of parolees. Gives UDC 12 months to implement a secure digital portal for digital attorney-client privilege. Requires UDC to report incentives for inmates to CCJJ.

HB 260 Unauthorized Practice of Law Amendments

Creates a class A misdemeanor for the unauthorized practice of law that can be also be charged as a 3F when the person: falsely represents to a client that he is licensed or otherwise authorized to practice law, when the actor causes a client to suffer either a financial loss of over $1000 or the impairment of a legal right, OR the actor has previously been convicted of the same offense. Also clarifies what it means to engage in the charge, and civil remedies as well.

HB 261 Electronic Information Privacy Act Amendments

This bill amends the Electronic Information or Privacy Act (EIPA) by modifying the procedures that govern when and how law enforcement agencies may obtain, use, copy, or disclose certain electronic records. The bill establishes that the EIPA's methods are the exclusive permissible means for law enforcement to obtain or use these records, subject to limited exceptions. It also prohibits law enforcement agencies from engaging or contracting with third parties to acquire covered records. Any evidence obtained in violation of the EIPA will be subject to exclusion under the same rules that govern evidence obtained in violation of constitutional requirements.

• The bill defines "subscriber records" and establishes warrant requirements for obtaining that data. It recognizes several limited exceptions to the exclusivity rule: A local agency may receive covered records from a federal agency, an out-of-state agency, or a foreign law enforcement entity, provided that agency obtained the records in compliance with the legal requirements of its own jurisdiction.

• A local agency may obtain records through an interagency agreement, such as participation in a joint task force.

• A local agency may not use any of these channels as a workaround to bypass the EIPA — meaning it cannot solicit out-of-state, federal, or international assistance for the specific purpose of circumventing the Act's requirements.

The practical distinction is between receiving records that another agency lawfully obtained for its own legitimate purposes, versus engineering a request to an outside agency in order to avoid EIPA compliance. The former is permitted; the latter is not.

HB 274 Sentencing Amendments

Changes USC membership to include: three UACDL-appointed defense attorneys with at least one being from a rural county; three SWAP-appointed prosecutors with at least one being from a rural county; two reps from the Utah Sheriff's Association with at least one being from a rural county; and 1 rep from the Utah Chiefs of Police Association. Requires the USC's primary consideration to be the protection of society and provides that, in determining the appropriate sentence for an individual convicted of an offense, the court shall consider the following: 

• the nature and circumstances of the offense, including the nature and gravity of the harm caused by the individual's criminal conduct

• the history and characteristics of the individual, including the acceptance or lack of acceptance of accountability by the individual

• whether the sentence to be imposed reflects the seriousness of the offense, promotes respect for the law, provides just punishment for the offense, affords adequate deterrence, protects the public from future offenses by the individual, and provides for the rehabilitative needs of the individual

• the adult sentencing and supervision length guidelines

• the presentence investigation report

• any aggravating or mitigating factors or circumstances

• the desires and interests of any victim of the offense 

At sentencings for violent felonies and sex offenses, expect prosecutors to argue that the statute requires courts to prioritize public safety considerations over the interests of defendants.

This bill, and HR 8 Resolution Admonishing and Censuring Judge Don M. Torgerson, is the culmination of Legislature ire toward Judge Torgerson’s comments in the Grand County felony child sexual exploitation case. 

HB 284 Murder Offense Amendments

This bill addresses a narrow interpretive problem created by a 2022 amendment to Utah's depraved indifference murder statute. That amendment was intended to be purely stylistic, but the revised language inadvertently invited a new argument that depraved indifference murder requires the defendant to have known, with some particularity, who the potential victim of his conduct might be. This caused a departure from previous case law on depraved indifference murder. The bill, therefore, amends Utah Code § 76-5-203 to reinstate the previous interpretation of the statute. Under the amended language, an actor is guilty of murder when he, “knowingly engages in conduct that creates a grave risk of death to any individual and thereby causes the death of any individual."

HB 289 Child Sexual Abuse Material Amendments

Moves AI-generated CSAM to standalone offenses, including: 2F of possession of apparent CSAM and 1F of distribution of apparent CSAM. Defines "apparent" CSAM to mean an AI-generated visual depiction of a minor engaging in, observing, or being used for sexually explicit conduct where the minor has prepubescent features or appears to be under 12 years old and is sufficiently similar to a real minor such that it would lead a reasonable person viewing the depiction to conclude that the depiction is of a real minor. Creates the 2F of unlawful activity regarding obscene material depicting the sexual abuse of a minor if the actor intentionally or knowingly produces, distributes, receives, or possesses with intent to distribute obscene CSAM. Models the definition of "obscene" CSAM to mirror the definition of pornography.

HB 301 Drug Recodification

Technically reorganizes, revises, and clarifies provisions concerning drugs, including moving most criminal offenses concerning drugs from Title 58 into Title 76. Going forward, you will find most drug-related offenses in Title 76 Section 18 rather than Title 58 section 37.

HB 331 Criminal Offenses Modifications

This bill created three new offenses and expands two others. Creates the 3F of unlawfully advancing foreign organizations and governments and adds it to the list of offenses showing a pattern of unlawful activity. Adds a 3F to the crime of aggravated disorderly conduct on a street or highway for intentionally or knowingly, in concert with two or more individuals, obstructing vehicular traffic on a street or highway. Adds aggravated disorderly conduct on a street or highway to the list of offenses that provide evidence of a pattern of unlawful activity. Creates the MA of intentional concealment of identity while committing an offense in public. Creates the 3F of unlawful deprivation of religious rights if the actor, in concert with two or more individuals, intentionally or knowingly deprives another individual of the right to enter or exit a house of worship for the purpose of preventing the individual from exercising their religious liberty rights. Renames threat of terrorism to terrorism. The original bill created the offense of unlawful detention and unlawful detention of a minor by preventing an individual from freely traveling on a street or highway but this provision was removed in the final bill.

HB 370 Sex Offender Oversight Amendments

Creates a GPS-based satellite monitoring program to track sex offenders with no residential address. Expands offenses related to not complying with registration requirements to add an offender's noncompliance with the monitoring program. Requires DPS to establish a system that automatically requests an arrest warrant for a sex offender who violates registration requirements. The final bill removed the original presumption for an arrest warrant in lieu of a summons for sex offenders in the monitoring program. 

HB 381 Electric Mobility Device Amendments

This bill establishes several requirements and restrictions on various types of electric bicycles, mopeds, and motorcycles.  The following graphic shows the various classifications and provisions pertaining to each classification:

The key changes are essentially as follows:

The statutory definition of "motorcycle" now expressly includes mopeds and electric motorcycles. So all motorcycle license requirements and other motorcycle-related laws now apply to mopeds and electric motorcycles.

The prohibition on drinking or possessing an open container while operating an electric assisted bicycle now applies to all classes of e-bikes, not just Class 2. And just to be clear, because e-bikes also qualify as “vehicles” under the code, a person can clearly be charged with DUI while operating any class of e-bike.

Minors, age 8-16, operating motorized scooters or e-bikes on highways must either be under direct adult supervision or obtain a new state safety certificate. Officers may impound a device used illegally by a minor and release it to a parent or legal guardian. These provisions take effect in 2027.

Anyone under 21 operating an electric assisted bicycle (any class), electric motorcycle, or motor assisted scooter on a roadway must wear a helmet. Violations are infractions subject to statutorily set fines.

HB 392 District Court Amendments

Grants the AG an unconditional right to intervene in a civil action in the district court upon notice that a party is challenging the constitutionality of a statute. Provides that the AG, the governor, or the Legislature may file a notice to convene a randomly-selected three-judge panel in a civil action in the district court. This bill originally created a Constitutional Court, but that provision passed as part of HB 366 Judicial Modifications.

HB 423 Hit and Run and DUI Offense Amendments

Creates tiered enhancements for repeat hit and run offenses, which apply when the previous offense was another failure to stop after an accident or DUI. Negates the enhancement if, no later than six hours after an accident occurs, the operator voluntarily reports the accident to law enforcement. Provides that it is a mitigating factor that an operator self-reports the accident to law enforcement, regardless of the time elapsed since the accident. Provides that if a court enters an MA or felony conviction for extreme DUI, the sentencing court shall note it in the judgment of commitment and BOPP must consider it when calculating the sentencing guideline. 

The bill also extends the timing of how soon the DLD must hold a hearing from 29 days to 45 days with then intent to make it easier to allow an officer to appear. It also allows the DLD to subpoena a police officer for a DLD hearing.

HB 495 Capital Felony Case Amendments and HJR 28 Joint Resolution Amending Court Rules Related to Capital Felony Cases

Overhauls the death penalty sentencing process with the intention of carrying out death sentences more quickly. Specifically, HB 495 does the following:

• Requires the sentencing court to advise a death-sentenced defendant about the right to a direct appeal and postconviction relief, and to appoint appellate counsel at sentencing.

• Rewrites the automatic review process after a death sentence, giving the Utah Supreme Court a 120-day review window and making that review go forward without briefing unless the court later requests it.

• Prioritizes capital matters over other cases in the Supreme Court and district courts.

• Changes competency timelines by mandating a 15-day evaluator deadline extension when that evaluator is tied up on a competency-to-be-executed matter.

• Creates a “prescreening psychologist” process in the pretrial procedure for deciding whether a defendant is intellectually disabled. If the defendant’s IQ is higher than 75, then the death penalty can be ordered. However, this does not preclude defense from introducing evidence of defendant’s mental capacity at the sentencing proceeding.

• Allows an appeal from an order deciding intellectual-disability status, and it clarifies execution and competency-to-be-executed procedures.

HJR 28 is the court-rules companion bill to HB 495. HJR 28 amends Utah Rule of Appellate Procedure 23B and Utah Rule of Criminal Procedure 27, providing that in a capital case with a death sentence, the court may not remand the case under Rule 23B for further fact-finding in the same way it might in ordinary cases.

HB 536 Criminal Conduct on Public Lands Amendments

Expands the MB of damage, destruction, or defacing by graffiti on public lands to include damaging or destroying a natural or archaeological feature or a state-owned object. A natural feature now includes, among other things, “unique rock formations.”

HB 539 Public Safety Modifications

This bill was an amalgamation of provisions, primarily relating to DV offenses.  

• The bill adds the following to the statutory definition of DV: aggravated abuse of a vulnerable adult; DV committed in the presence of a child; human trafficking and aggravated human trafficking; privacy offenses under Utah Code § 76-12-3; and felony or misdemeanor offenses involving abuse or exploitation of a vulnerable adult.

• The following offenses are removed from the definition of DV: unlawful detention and child abuse.

• For purposes of the battered person mitigation statute, "cohabitant" is clarified to include minor children when their parent or guardian committed the offense, and vice versa.

• When a younger sibling (ages 16–18) commits an offense against an older sibling, the offense does not constitute DV.

• A rebuttable presumption is created that an individual poses a substantial danger to an alleged DV victim if the charged offense is a felony or class A misdemeanor and if it was committed while the defendant was on probation, parole, or pretrial release for another DV offense.

• Stalking is added to the list of qualifying offenses triggering jail release agreement requirements.

• A jail release agreement may not prohibit a parent arrested for DV committed in the presence of a child from communicating with their own minor child, provided the child and the child's other parent were not victims of the offense. Conversely, when DV does not involve the parent of a child as a victim (e.g., adult sibling DV), the jail release agreement need not restrict the defendant's contact with their own children.

• A parent may not waive the conditions of a jail release agreement on behalf of their minor child when that child is the alleged victim of the offense.

• Law enforcement must submit a charge to the prosecuting agency within five business days of determining that probable cause exists for a DV offense.

• The word "physical" is removed from the predominant aggressor provision. The provision now reads: if an officer determines that one person was the predominant aggressor, the officer need not arrest the other person alleged to have committed DV.

• Appearance by an alleged DV offender is mandatory and may not be waived.

• DV offenses shall be presented for arraignment in accordance with Utah Rule of Criminal Procedure 9, rather than the prior requirement of arraignment within 24 hours.

Non-DV provisions:

• Workplace protective orders may now be granted in favor of volunteers of an organization who volunteer at a specific location, extending existing protections beyond traditional employment relationships.

• A criminal action involving multiple offenses may be tried in any county or precinct within a judicial district if: (1) all offenses were committed within that judicial district; (2) the prosecution satisfies the requirements of § 76-1-402, or the offenses may be joined in the same information or indictment under § 77-8a-1; and (3) the prosecuting agencies for each relevant jurisdiction consent to the place of trial.

• A defendant may not be subjected to separate trials for separate offenses arising from a single criminal episode if venue for those offenses is proper in a single court.

HB 540 Judicial Transparency and Information Access Amendments

Provides that a court proceeding is presumed to be public and requires an audio recording to be made of each public court proceeding (except those in justice courts). Requires the Judicial Council to establish and maintain a single website that allows the public to freely search and access all public court records. 

HB 547 Transnational Repression Amendments

Creates penalty enhancements (one penalty higher) if an actor is an agent of or acted on behalf of a foreign government or foreign terrorist organization and committed a criminal offense with intent to: cause an individual to act on behalf of foreign government or foreign terrorist organization; cause an individual to leave the United States; or compel the victim to commit an act or refrain from committing an act against the victim's will. Creates transnational repression training for law enforcement and a transnational repression public awareness campaign.

HB 572 Behavioral Health, Mental Health, and Social Services Amendments

This bill aims to strengthen the coordination between criminal justice systems and behavioral health systems. It requires the Behavioral Health Commission's Legislative Policy Committee to form a working group to investigate and make recommendations to the Legislature regarding a statewide central authority for coordinating behavioral health initiatives. Requires the Office of Licensing within DHHS to make rules related to a behavioral health receiving center's communication with prosecutors and law enforcement regarding a justice-involved individual's participation in the behavioral health receiving center's treatment program. Requires DHHS to provide a list of mental health and substance use disorder screening tools used in jails. Requires DHHS to create a standard form for justice-involved individuals to consent to disclosure of a mental health disorder or substance use disorder to health care providers, first responders, courts, local health authorities, county pretrial and parole services, UDC, and BOPP. Permits first responders to provide an electronic list of local mental health services to individuals. Creates a community-based peer support specialist program. Requires DHHS to maintain a database of involuntary commitments. Requires the court to notify the appropriate mental health authority and AP&P no later than two business days after the day on which the court enters an order of commitment or an order for assisted outpatient treatment order, including orders for extensions.

HCR 2 Concurrent Resolution Authorizing Adult Sentencing and Supervision Length Guidelines and Juvenile Disposition Guidelines

Authorizes the adult sentencing and supervision length guidelines and the juvenile disposition guidelines and establishes that they take effect May 6, 2026.  Practitioners should review the new guidelines here: https://justice.utah.gov/wp-content/uploads/2026-Sentencing-Release-Guidelines-Form-5-2-12-approved-Final.pdf

HJR 26 Joint Resolution Amending Rules of Evidence to Address Machine-Generated Evidence

This bill adds Rule 707 to the Utah Rules of Evidence, establishing a framework for the use of AI-generated evidence in Utah court proceedings. The rule closely mirrors a proposed Federal Rule of Evidence 707, which completed its public comment period on February 16, 2026, positioning Utah within the emerging national conversation on AI evidence standards.

Rule 707 takes a permissive approach and provides that AI-generated evidence is not categorically excluded, but it is not automatically admitted either. Drawing on the same logic as Rule 702, which governs expert testimony, the rule requires the party offering AI-generated evidence to make a foundational showing of reliability before it is admitted. This threshold requirement is relaxed when the AI-generated evidence is accompanied by expert testimony.

SB 27 Assault or Threat of Violence Amendments

Makes the two MA offenses of threat of violence against a family member of a peace officer or a military service member separate statutes and expands the offenses to include family members.

SB 30 Human Trafficking, Exploitation, and Smuggling Amendments

Narrows elements of human trafficking offenses. Splits aggravated human trafficking for labor or sexual exploitation into two separate offenses. Changes the crime of benefiting from human trafficking or human smuggling so it is no longer a standalone criminal offense with its own penalty provisions. Creates new offenses for patronizing a victim of human labor trafficking, a child victim of human labor trafficking, and a vulnerable adult victim of human labor trafficking and adds enhancements for repeat offenses of patronizing victims of human trafficking.

SB 45 Kratom Adjustments

Prohibits the sale of all Kratom synthetics or other compounds, but still allows the sale of pure leaf kratom products. Violations start as a class B, but can be enhanced for second or subsequent offenses.

SB 71 Evidence Retention Amendments

A bill overhauling evidence retention policies passed two years ago. This bill modifies and clarifies some aspects of that process, including:

• Adding a process for law enforcement to receive court approval to destroy felony evidence if the prosecuting agency declines to destroy 

• Increasing required communications between law enforcement and prosecuting agencies regarding evidence retention

• Specifying lists of crimes for which evidence retention is mandatory

We were deeply involved with the bill from two years ago and the sponsor reached out to us for our input on this bill. We worked with him to add additional offenses to the list of those for which biological evidence is retained for a longer time.

SB 83 Controlled Substance Scheduling Amendments

Allows for the automatic rescheduling of a pharmaceutical composition of a schedule I controlled substance in Utah if the composition is rescheduled under federal law.

SB 92 Prosecution Amendments

Allows a prosecutor to charge a defendant with homicide at a later date when the defendant was originally charged and convicted of attempted homicide and the victim later dies. Allows a court to reduce a sentence for a homicide offense if the defendant was convicted of an offense in the former prosecution and served a prison sentence for that conviction, so long as the amount of time that the court reduces the minimum term of the sentence is no greater than the amount of time that the defendant was in custody for the prison sentence. Allows BOPP to provide credit for time served for that offense.

SB 125 Theft Amendments

Excludes prior convictions for theft of services for using a public transportation service from the qualifying previous convictions for theft, robbery, burglary, or fraud that enhances the penalty for the offense of theft of service to a 3F.

SB 134 Court Amendments

Increases the number of Utah Supreme Court justices to seven and increases the number of Utah Court of Appeals judges to nine. Adds three new judges to District Court; one in the Third, one in the Fourth, and one in the Fifth Judicial District.

SB 183 Surveillance Camera Amendments

Prohibits law enforcement from interfering or disabling surveillance cameras on private property during their service of a warrant unless under exigent circumstances or if permitted by the warrant.

SB 184 Justice System Amendments

Permits a city attorney to appoint a deputy attorney.  

Also allows a court to reduce an offense post-conviction if the prosecutor consents and the defendant provides substantial assistance to law enforcement in a criminal investigation.

SB 210 Nicotine Amendments

Makes it a class A misdemeanor for a person to sell a tobacco product, e-cigarette product, or nicotine product if the person is an employee of a tobacco retailer and intentionally or knowingly sells to an individual younger than 20 years old while in the course of business. The bill eliminates the previous graduated penalty scheme.

SB 218 Constable Amendments

Creates a new Constables Licensing Act, which requires state licensing, background checks, insurance, and oversight for constables and clarifies when constables can serve process, make arrests, transport prisoners, and collect fees. Provides that constables may only act in criminal matters at the direction of a contracting county or court, not independently.

SB 226 Fatal Motor Vehicle Accident Amendments

Requires a police officer to direct an individual to submit to a chemical test if the officer has reasonable suspicion that the individual was operating a vehicle under the influence. Requires a police officer investigating a fatal motor vehicle accident to review the facts of the accident with a senior officer before declining to seek a warrant for a chemical test.

SB 233 Judicial Performance Evaluation Amendments

Allows the Judicial Performance Evaluation Commission to establish certification standards for a judge of the Supreme Court or Court of Appeals that address timely management of the judge's caseload. Modifies the content of judicial performance surveys to include legal competence, impartiality, ability to communicate clearly, and ability to maintain courtroom decorum.

SB 290 Victim and Witness Privacy Amendments

This bill establishes protections for private victim and witness information collected by law enforcement that is not directly related to a crime.

Requires law enforcement to make "reasonable efforts" to separate evidence that is "directly related" to a crime (as defined under Rule 16) from other personal data collected from victims or witnesses.

Prosecutors must disclose to defense counsel: (1) all "directly related" evidence; and (2) the existence of any other unrelated data or devices in law enforcement's possession, though not the content of that data.

Defendants may not obtain a victim's electronic data except through Rule 14(b)(5) or with the victim's consent.

All data or devices not directly related to the crime must remain in the custody or control of law enforcement or prosecutors.

Defense counsel may request access to non-related data or devices. In response, the prosecutor may:

1. Provide a copy subject to a protective order prohibiting dissemination;

2. Allow defense counsel or a defense expert to search the data or device in a virtual room or government facility; or

3. Deny the request on the ground that the data or information is not relevant.

If a prosecutor denies a defense request for access, defense counsel may seek a court order compelling production or disclosure under Rule 16(a)(4). When considering defense counsel’s request a court shall consider the following things:

• whether there is a reasonable likelihood the data contains electronic evidence that is necessary to adequately prepare a defense or for trial

• whether requiring a search of the data at the facility is an undue burden for adequate preparation of a defense or preparation for trial

• whether the defendant's due process rights and interest in receiving a copy or duplicate of the data outweighs the privacy rights and interests of the victim or witness, including a victim's right to be free from harassment under Utah Constitution, Article I, Section 28

• any other factor that demonstrates good cause for allowing the defendant's attorney to obtain a copy or duplicate of the data

SB 304 Protective Order Amendments

In a PO petition, allows the respondent to allege that the petitioner knowingly falsified a material statement or material information for the purpose of obtaining the PO. Allows the court to sanction the petitioner and award any make-up parent time to the respondent. For budgetary reasons, the effective date of this bill isn’t until 2027.

*SB 312 Educator License Amendments

Modifies educator licensure provisions to replace automatic employment and volunteer bans with a risk-based framework. Limits automatic disqualification to serious sexual misconduct and offenses involving minors, and requires the State Board to make written findings of risk before restricting employment for other conduct. Clarifies that technical or administrative violations do not independently trigger restrictions absent evidence of harm or risk. Enacts new provisions governing post-discipline restrictions, distinguishing between serious misconduct (automatic restrictions) and lesser conduct (case-specific findings required). Requires the State Board to determine applicability of restrictions, expands notice requirements, and aligns substitute teacher eligibility with the new standard.

SB 323 Criminal and Juvenile Justice Recodification

Creates Title 75E Criminal and Juvenile Justice Administration, which establishes the Department of Criminal Justice (DCJ) and the Criminal and Juvenile Justice Administration. Provides that the commissioner is appointed by the governor with the advice and consent of the Senate (the commissioner will be Tom Ross, the current director of CCJJ). Provides that the duties of the DCJ include: promoting the communication and coordination of all criminal and juvenile justice agencies; studying, evaluating, and reporting on the status of crime, criminal policies, and programming in Utah; identifying and promoting policies and programs that will significantly reduce crime; supervising state and federal criminal justice grant money; promoting public awareness through information; promoting research and program evaluation; providing an annual comprehensive criminal justice plan to CCJJ for review; promoting the development of criminal and juvenile justice information systems; establishing a performance incentive grant program that allocates funds to programs and practices implemented by counties that reduce recidivism and reduce the number of offenders per capita who are incarcerated; designating an entity to oversee the implementation of juvenile justice reforms; administering the juvenile holding room standards and juvenile jail standards to align with the Juvenile Justice and Delinquency Prevention Act requirements; providing staff to the Victim Services Commission; contracting with a third party to assist the Victim Services Commission with reviewing and providing recommendations on services; reporting annually to the Law Enforcement and Criminal Justice Interim Committee on the progress made on JRI goals; and assisting the governor with extradition. Reassigns duties from CCJJ to the DCJ, including receiving and advising Legislature on recidivism and other crime data reports and membership on the Public Safety Data Management Task Force, the Youth Court Board, the Utah Substance Use and Mental Health Advisory Committee, and the Judicial Performance Evaluation Commission. Recodifies several existing sections of code into 75E. Renames Title 76 to Criminal Offenses and Title 77 to Criminal Procedure. Repeals the Domestic Violence Offender Treatment Board in 2027.

SJR 1 Joint Resolution Amending Rules of Evidence Concerning Crimes or Other Acts (4)

Amends Rule 404 of the Utah Rules of Evidence to allow for propensity evidence in adult cases involving child molestation or sexual assault.

The bill amends Utah Rule of Evidence 404(c) to add acts of sexual exploitation of a minor (possession of CSAM) as permissible propensity evidence in child molestation cases. It also adds a new subsection (d) to Rule 404, which allows admission of evidence that a defendant committed other acts of sexual assault in cases charging sexual assault crimes. Such evidence may be considered on any matter to which it is relevant, including to prove a propensity to commit the crime charged.

The new Rule 404(d) mirrors Federal Rule of Evidence 413, so you should research federal case law interpreting FRE 413 when assessing admissibility under the new rule. Evidence of CSAM possession and prior sexual assault acts is subject to the disclosure requirements of Rule of Criminal Procedure 16, as well as other rules of evidence, including those governing hearsay, foundation, relevance, and Rule 403 balancing.