HB 213

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  Nelson T. Abbott proposes the following substitute bill:
1Criminal Proceedings Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Nelson T. Abbott
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses the right to a speedy trial in a criminal case.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ establishes time periods for a court to set a criminal matter for trial if a defendant or
10   victim requests a speedy trial;
11▸ authorizes a court to set a criminal matter for trial after the expiration of the applicable
12   time period under certain circumstances; and
13▸ makes technical and conforming changes.
14   Money Appropriated in this Bill:
15None
16   Other Special Clauses:
17None
  1st Sub. H.B. 213
18   Utah Code Sections Affected:
19   AMENDS:
2077-1-6, as last amended by Laws of Utah 2025, Chapter 302
21   ENACTS:
2277-17-14, Utah Code Annotated 1953
23
24   Be it enacted by the Legislature of the state of Utah:
25Section 1. Section 77-1-6 is amended to read:
2677-1-6 . Rights of defendant.
27   (1) In a criminal [prosecutions] prosecution, the defendant [is entitled to] has a right to:
28(a) appear in person and defend in person or by counsel;
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29(b) receive a copy of the accusation filed against the defendant;
30(c) testify in the defendant's own behalf;
31(d) be confronted by the witnesses against the defendant;
32(e) have compulsory process to [insure] ensure the attendance of witnesses in the
33defendant's behalf;
34(f) a speedy public trial[ ] :
35(i) by an impartial jury of the county or district where the offense is alleged to have
36been committed; and
37(ii) in accordance with time periods described in Section 77-17-14;
38(g) [the right of] an appeal in all cases; and
39(h) be admitted to bail in accordance with [provisions of law, or be entitled to a trial
40within 30 days after arraignment if unable to post bail and if the business of the court
41permits] Utah Constitution, Article I, Section 8, and Chapter 20, Bail.
42   (2) In addition:
43(a) no person shall be put twice in jeopardy for the same offense;
44(b) no accused person shall, before final judgment, be compelled to advance money or
45fees to secure rights guaranteed by the Constitution or the laws of Utah, or to pay the
46costs of those rights when received;
47(c) no person shall be compelled to give evidence against himself or herself;
48(d) an individual may not be compelled to testify against the individual's spouse; and
49(e) no person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no
50contest, or upon a judgment of a court when trial by jury has been waived or, in case
51of an infraction, upon a judgment by a magistrate.
52Section 2. Section 77-17-14 is enacted to read:
5377-17-14 . Time periods for a speedy trial.
54   (1) As used in this section:
55(a) "Defendant in pretrial detention" means an individual who, while awaiting trial or
56other resolution of a pending criminal offense, is:
57(i) held in custody by law enforcement; and
58(ii) not imprisoned for another offense.
59(b) "Defendant not in pretrial detention" means an individual who, while awaiting trial
60or other resolution of a pending criminal offense, is:
61(i) not held in custody by law enforcement; or
62(ii) imprisoned for another offense.
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63(c) "Victim" means the same as that term is defined in Section 77-37-2.
64   (2) Except as provided in Subsection (3), and subject to Subsection (4):
65(a) if a defendant in pretrial detention files a written request for a speedy trial on the
66defendant's pending criminal offense, the court shall set the case for trial within 90
67days after the day on which the request is filed;
68(b) if a defendant not in pretrial detention files a written request for a speedy trial on the
69defendant's pending criminal offense, the court shall set the matter for trial within
70180 days after the day on which the request is filed; and
71(c) if a victim of a pending criminal offense files a written request for a speedy trial, the
72court shall set the matter for trial within 180 days after the day on which the request
73is filed.
74   (3) A court may set a matter for trial after the expiration of the applicable time period
75described in Subsection (2) if:
76(a) the court determines that the case is of such complexity that additional time is
77necessary for the parties to adequately prepare for pretrial proceedings or trial;
78(b) the court is unable to bring the defendant to trial within the applicable time period
79due to:
80(i) the volume of other matters pending before the court that prevents scheduling a
81trial within the time period;
82(ii) the unavailability of essential court personnel, facilities, or resources necessary to
83conduct the trial within the time period; or
84(iii) the defendant's failure to appear;
85(c) the prosecuting attorney needs additional time to prepare for trial due to the
86prosecuting attorney's volume of cases;
87(d)(i) a defendant requests a speedy trial under Subsection (2)(a) or (2)(b);
88(ii) the defendant or the defendant's counsel requests a continuance; and
89(iii) the court grants the continuance;
90(e)(i) a victim requests a speedy trial under Subsection (2)(c);
91(ii) a defendant objects to the request for good cause; and
92(iii) the court finds good cause to deny the request;
93(f) setting the trial within the applicable time period would interfere with the due process
94rights of a party; or
95(g) a delay is necessary to accommodate:
96(i) a codefendant;
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97(ii) the filing and disposition of an interlocutory appeal; or
98(iii) the defendant's appearance for a court proceeding in a different case.
99   (4) In computing a time period described in Subsection (2), a court shall exclude any period
100of time described in Subsection 77-15-7(2).
101Section 3. Effective Date.
102   This bill takes effect on May 6, 2026.
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