2025 Bills Creating New Penalties.
PASSED BILLS
HB 69 Government Records and Information Amendments creates a class B misdemeanor offense of a government officer accessing, using, copying, or releasing voter or election information unlawfully.
HB 80 Disorderly Conduct Amendments creates the class B misdemeanor offense of aggravated disorderly conduct on a street or highway for obstruction of traffic and failure to comply with law enforcement, which can be enhanced to a class A on a repeat offense within the year. In conjunction with CCJJ stakeholders we negotiated the penalties down from a class A misdemeanor and a third degree felony, but we still opposed this bill due to the extreme number of bills run this session that increased penalties and the fact that the protestors or demonstrators this bill targets likely won’t know that this behavior has been enhanced.
HB 190 Motorcycle Amendments creates additional motorcycle infractions, including lane-splitting, performing a wheelie on a highway, and driving without a license plate and allows for the suspension of the driver's motorcycle endorsement or license for violations. The original bill also allowed for the seizure of the motorcycle, but that was removed.
HB 196 Vehicle Traction Amendments creates an infraction for a violation of controlled-access highways.
HB 199 Substance Use Treatment and Enforcement Amendments was another penalty-increasing bill that we fought to get the worst provisions removed. The sponsor, Rep. Clancy, works in law enforcement and ran this bill as part of his effort to address the opioid crisis, but his strategy appears to be rolling back many JRI reforms. Originally, this bill sought to increase penalties for a Schedule I or II offense, making the enhancement from a class A misdemeanor to a third degree felony on a second offense instead of on a third offense (as it was before JRI). Rep. Clancy’s stated intent was to move more cases through drug court, but due to the fiscal note, and the pushback from many different stakeholders, he agreed to drop that provision. The final bill does the following:
Creates a second degree felony for maintaining a drug-involved premise, thereby banning Supervised Consumption Sites (SCS).
Prohibits syringe exchange at drug-free zones. Explicitly requires harm-reduction programs to ensure recovery is a key goal. Creates a framework for data collection on opioids.
Creates new best practices for first responders who perform overdose reversals, with access to county health resources.
Allows for Mobile MAT Clinics.
Extends Utah Nuisance law to cover drug fumes and codifies the federal Crack House Statute to implement more place-based policing.
HB 267 Public Sector Labor Union Amendments makes it a class B misdemeanor for public employers or members of a labor organization to use public money or property to support union activity. Unions were a large topic of discussion in the Legislature this session.
HB 278 Massage Therapy Amendments expands the class A misdemeanor offense for unlawful conduct of a massage therapist to include a range of offenses, such as operating without a license or concealing someone in the massage establishment and refusing to provide identification to law enforcement.
HB 290 Bicycle Lane Safety Amendments attaches an infraction penalty to the unlawful behavior of obstructing a sidewalk with a vehicle, animal, or object.
HB 352 Geologic Carbon Storage Amendments creates a class B misdemeanor offense for violating geologic carbon storage regulations, which includes making false representations in a report or destroying or falsifying a report.
HB 358 Criminal Sexual Conduct Amendments creates the third degree felony of unlawful sexual activity with a child using immersive virtual reality when the actor knows the avatar is controlled by a child. We were able to negotiate this penalty down to a class A misdemeanor offense when the actor is less than 10 years older than the minor. It also creates the class A misdemeanor of custodial solicitation of sexually explicit conduct from a person in custody, regardless of consent. This bill might go against the Ashcroft decision, but it passed.
HB 430 Security and Land Restriction Amendments creates a third degree felony when someone knowingly purchases an interest in land on behalf of a restricted foreign entity. The original bill established this as a class A misdemeanor, and it is unclear why the penalty was increased in the final version.
HB 478 Brine Mining Amendments creates a class B misdemeanor for misrepresenting information on a report under the Brine Conservation Act and provides that a criminal proceeding for this violation must occur no later than two years from the date of the alleged violation.
HB 505 Homeless Services Revisions creates the class C misdemeanor of unsanctioned camping on state property.
SB 18 Election Fundraising Amendments makes it a class A misdemeanor to make a federal contribution with the intent to influence the governor or a state official to take or not take an action or to reward the governor or a state official for taking or not taking an action.
SB 55 Unauthorized Use of Residential Real Property Amendments creates a second degree felony for property damage or destruction by a trespasser in a residential dwelling if damages are $1,000 or more and a second degree felony of fraudulent advertisement, sale, or lease of residential real property when property is sold that is not owned by the seller. It also creates a process for an owner to request that the sheriff immediately remove a trespasser occupying a residential dwelling. We met with the sponsor, Sen. Balderree, but she was not open to modifying the bill.
SB 82 Autopsy Photo Amendments makes it a class B misdemeanor to share an autopsy photograph, but we worked with Sen. Pitcher to exclude defense counsel from this offense.
SB 119 Domestic Relations Recodification recodifies family law statute and creates a class A misdemeanor for disclosing information obtained from the voluntary adoption registry in violation of code.
SB 149 Natural Resources Modifications creates a class B misdemeanor of operating as a hunting guide without being registered or with putting clients in danger, as well as a class B misdemeanor for knowingly retaining a guide who is not registered (although clarifies that this latter offense is not subject to imprisonment or probation). These provisions were originally run in HB 153 Hunting Amendments, but when it looked like that wouldn’t pass in time, the provisions were placed in SB 149 on the last day of the session.
SB 215 Emergency Medical Services Modifications makes it a class B misdemeanor to willfully disobey a valid subpoena or cease and desist letter issued by the Bureau of Emergency Medical Services Management.
SB 336 Utah Fairpark Area Investment and Restoration District Modifications creates a class B misdemeanor for a board member of the State Fair Park Authority to fail to submit or amend a written disclosure statement within seven days of being notified.
FAILED BILLS
HB 126 Unauthorized Use of Residential Real Property Modifications would have created a second degree felony for property damage or destruction by a trespasser in a residential dwelling if damages are $1,000 or more and a second degree felony of fraudulent advertisement, sale, or lease of residential real property when property is sold that is not owned by the seller. All of these provisions passed in SB 55 Unauthorized Use of Residential Real Property Amendments.
HB 132 Firearm Storage Requirements sought to create a class C misdemeanor of failing to secure a firearm resulting in a minor gaining access and committing a crime with it, with some exceptions like self-defense. This bill failed to be recommended to the House floor in its committee hearing.
HB 153 Hunting Amendments would have created a class B misdemeanor of operating as a hunting guide without being registered or with putting clients in danger, as well as a class B misdemeanor for knowingly retaining a guide who is not registered. All of these provisions passed in SB 149 Natural Resources Modifications.
HB 187 Imitation Firearm Amendments sought to make it an infraction for a minor to possess an imitation firearm, like an airsoft gun with the orange tip removed. The sponsor brought this bill after an incident in West Valley where some kids had an airsoft gun but members of the public called the police thinking it was a real gun. The sponsor is a new legislator, Representative Fitisemanu, and he was really good about reaching out and getting the defense perspective on this bill, but we were still concerned that this bill criminalized normal kid behavior. Even the director of CCJJ admitted he was called while he was a police chief because his son had done this exact thing. Rep. Fitisemanu was pretty adamant that an infraction offense was appropriate because it is not overly punitive and allows law enforcement to decide not to file charges, but we saw education as more appropriate. In the end, we were able to get the first offense reduced to a written warning, and get a class C misdemeanor removed for someone who was caught in the act of removing the orange tip, but the bill was still unpopular with legislators and ultimately wasn’t heard on time.
HB 221 Burglary Amendments would have created the third degree felony of damaging a firearm storage container in the commission of a burglary if the burglar knowingly damages, disables, or otherwise tampers with it. Theft of a firearm is already a second degree felony, and theft/property damage is of course already illegal, but the sponsor seemed to want to target people who would break into other people’s homes and prevent them from accessing their firearms. There was some agreement from stakeholders that this behavior didn’t need its own penalty. The bill wasn’t prioritized and didn’t move forward.
HB 245 Tobacco Amendments would have authorized the remote sale of a cigar or pipe tobacco, but created a class B misdemeanor for making the remote sale without a license or in non-compliance with the bonding requirement. The bill did not move forward.
HB 291 Mayoral Recall Election Amendments would have created a class A misdemeanor for misconduct relating to a petition for a recall election, including falsifying information on a recall petition.
HB 292 Political Signs Amendments would have created a class C misdemeanor for attaching a political sign to a utility pole, light pole, utility box, or road sign and expanded the class B misdemeanor offense of altering a political sign to include attaching an object that obscures the sign's message. This was on our list of bills to drop.
HB 387 Firearm Attachment Amendments sought to create the class B misdemeanor of possessing or selling a machinegun firearm attachment. If the actor was a minor, the penalty would have remained a third degree felony (as it was previously in a different section of code). These kinds of firearm bills are never popular with the Utah Legislature and almost always fail to pass out of committee.
HB 393 Banning Foreign Funding in Ballot Propositions and Elections would have created the class B misdemeanor of aiding a foreign national in making or attempting to make a campaign contribution or a filing entity not reporting a contribution they have reason to believe was from a foreign national.
HB 401 Adult-oriented Performance Amendments was a bill largely opposed by most criminal justice stakeholders. It would have created the offense of adult-oriented performance in a public place or in the presence of a minor, a violation of which would be a class A misdemeanor on a first and a third degree felony on a subsequent for adults or a class B misdemeanor if the actor was between 16 and 18 years old. Rep. Jack ran a similar bill last year that was worked on and compromised extensively and it was unclear to CCJJ why it was insufficient to the point of needing this bill. Moreover, CCJJ determined that this bill would actually make statute less clear to practitioners and it was one of the few bills they voted to oppose this year. The bill did not end up moving forward.
HB 407 Mini-motorcycle Amendments would have provided that violation of 41-6a- 11 "Bicycles and Other Vehicles, Regulation of Operation" by a child is an infraction. It also would have provided that an operator without a license who fails to stop at a visual or audible signal from a law enforcement officer shall be denied a driver license for one year. This bill went through many iterations, including one where parents could be charged with a class C misdemeanor if their child drove a mini-motorcycle in violation of the section, but this was on our list of penalties to drop and it ultimately was.
HB 448 Pretrial Release Amendments sought to create the class C misdemeanor of violating a pretrial order in Iron County, Kane County, or Washington County and allow a county sheriff in these counties to detain someone they believe has violated a pretrial order for 24 hours without a warrant. This was a rural county issue, and the sponsor was trying to find a solution to expand pretrial services, but it didn’t move forward.
HB 524 Supplement Inhalation Product Amendments would have created the class C misdemeanor of illegal distribution of a non-nicotine inhalation product, which could have been enhanced to a class B on a second or subsequent offense.
HB 556 Public Contracts Labor Amendments would have created the class B misdemeanor of a contractor paying a qualifying employee a wage that is less than 60% of the prevailing wage.
SB 81 Care Provider Abuse Modifications would have made it a class A misdemeanor for a care provider to have sexual relations with a vulnerable adult in their care. We worked to add an exception when the actor is married to, cohabiting with, or has a pre-existing consensual sexual relationship with the vulnerable adult before they were placed under the actor's care. There was some consternation in the Senate that this should be a felony and some concern in the House that this shouldn’t be criminal at all. The sponsor really just wanted a way to track people who engage in this behavior and then move on to a different job to do the same thing, so there might be a possibility of this bill coming back in a non-criminal place next year.
SB 126 Airborne Chemicals Amendments underwent a series of changes. The original bill created the third degree felony offense of an owner or operator using an aircraft with the intent to cause weather geoengineering. It sounds like the sponsor was requested to drop the offense to an infraction due to the number of penalty bills this session and the lack of available funds, but then the committee members returned the penalty to a third degree felony. We met with the sponsor and he agreed to make it a class A misdemeanor, but the bill ultimately did not move forward.
SB 130 Firearm and Firearm Accessory Modifications was another firearm bill that sought to increase penalties for altered firearms and illegal purchases of firearms by restricted individuals. Like the others, this bill failed to pass out of committee.
SB 156 Pari-mutuel Horse Racing would have created two third degree felony offenses: holding a pari-mutuel event without a permit; and bribing an official of a pari-mutuel event; and created three class B misdemeanor offenses: touting by causing another person to bet on a pari-mutuel event; betting on a pari-mutuel event while a minor; and refusing to leave a pari-mutuel event after being excluded for a previous conviction of bribery, touting, or underage betting. This bill’s primary purpose was to allow for horse betting in Utah and had a whopping fiscal note of 15 million dollars. It failed the Senate vote due to this significant price tag and due to concerns that it was against the Utah constitution (gambling on games of chance).
SB 163 Government Records Amendments would have made it a class B misdemeanor to destroy a record with the intent to avoid disclosure in response to a pending records request.
SB 225 Government Records Access and Management Act Amendments would have made it a class B misdemeanor for a public employee to knowingly share or misuse a protected record after receiving a notice of improper disclosure.
SB 281 Corporal Punishment in Schools Amendments sought to create a class B misdemeanor of unlawful use of implements in physical discipline of a minor.
SB 337 Land Use and Development Amendments would have created a class B misdemeanor for a board member of the Beehive Development Agency Board to fail to submit or amend a written disclosure statement within seven days of being notified.