HB 91

12-29 10:20  H.B. 91
1Presumption of Indigency Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Grant Amjad Miller
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses a court's determination of indigency.
6   Highlighted Provisions:
7This bill:
8▸ requires a court to presume that an individual is indigent if:
9●   the individual is currently incarcerated; and
10●   the court determines that the period of the individual's incarceration totals or will total
11   at least 10 consecutive days.
12   Money Appropriated in this Bill:
13None
14   Other Special Clauses:
15None
16   Utah Code Sections Affected:
17   AMENDS:
1878B-22-202, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
19
20   Be it enacted by the Legislature of the state of Utah:
21Section 1. Section 78B-22-202 is amended to read:
2278B-22-202 . Determining indigency.
23   (1) A court shall find an individual indigent if the individual:
24(a) has an income level at or below 150% of the United States poverty level as defined
  H.B. 91
25by the most recent poverty income guidelines published by the United States
26Department of Health and Human Services; or
27(b) has insufficient income or other means to pay for legal counsel and the necessary
28expenses of representation without depriving the individual or the individual's family
29of food, shelter, clothing, or other necessities, considering:
30(i) the individual's ownership of, or any interest in, personal or real property;
 H.B. 91  12-29 10:20
31(ii) the amount of debt owed by the individual or that might reasonably be incurred
32by the individual because of illness or other needs within the individual's family;
33(iii) the number, ages, and relationships of any dependents;
34(iv) the probable expense and burden of defending the case;
35(v) the reasonableness of fees and expenses charged by an attorney and the scope of
36representation undertaken when represented by privately retained defense counsel;
37and
38(vi) any other factor the court considers relevant.
39  (2) A court shall presume an individual indigent if:
40      (a) the individual is incarcerated in a jail, prison, or other holding facility; and
41      (b) the court determines that the current period of incarceration totals or will total at
42least 10 consecutive days.
43  [(2)] (3) Notwithstanding Subsection (1), a court may not find an individual indigent if the
44      individual transferred or otherwise disposed of assets since the commission of the
45      offense with the intent of becoming eligible to receive indigent defense services.
46  [(3)] (4)(a) The court may:
47(i) make a finding of indigency at any time; and
48(ii) rely on information contained in an affidavit of indigency described in Section
4978B-22-201.5 in making a finding about whether an individual is an indigent
50individual.
51      (b) An individual's inability to submit, or to provide the information required in, an
52affidavit of indigency under Section 78B-22-201.5 does not preclude a court from:
53(i) making a finding about whether an individual is an indigent individual under this
54section; or
55(ii) appointing an indigent defense service provider under Section 78B-22-203.
56Section 2. Effective Date.
57  This bill takes effect on May 6, 2026.
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