SB 184

Enrolled Copy  S.B. 184
1Justice System Amendments
                                      2026 GENERAL SESSION
                                            STATE OF UTAH
                                  Chief Sponsor: Stephanie Pitcher
                                   House Sponsor: Ryan D. Wilcox
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to the justice system.
6  Highlighted Provisions:
7      This bill:
8      ▸ provides that a city attorney may employ a deputy attorney to perform the duties of public
9  prosecutor or civil counsel;
10      ▸ provides that a city attorney may deputize, for a limited time or limited purpose, an
11  attorney licensed to practice law in the state and in good standing with the Utah State
12  Bar;
13      ▸ provides that a court may enter a judgment of conviction for a lower degree of offense
14  than established by statute if a defendant, within one year after sentencing, provides
15  substantial assistance in the criminal investigation, arrest, or prosecution of another
16  individual; and
17      ▸ makes technical and conforming changes.
18  Money Appropriated in this Bill:
19      None
20  Other Special Clauses:
21      None
22  Utah Code Sections Affected:
23  AMENDS:
24      10-3-928, as last amended by Laws of Utah 2018, Chapter 24
25      76-3-402, as last amended by Laws of Utah 2025, Chapters 51, 173, 208, and 291
26
27  Be it enacted by the Legislature of the state of Utah:
S.B. 184  Enrolled Copy
28Section 1. Section 10-3-928 is amended to read:
2910-3-928 . Attorney duties -- Deputy attorneys.
30      In cities with a city attorney, the city attorney:
31   (1) may prosecute violations of city ordinances;
32   (2) may prosecute, under state law, infractions and misdemeanors occurring within the
33boundaries of the municipality;
34   (3) has the same powers in respect to violations as are exercised by a county attorney or
35district attorney, except that a city attorney's authority to grant immunity shall be limited
36to:
37(a) granting transactional immunity for violations of city ordinances; and
38(b) granting transactional immunity under state law for infractions and misdemeanors
39occurring within the boundaries of the municipality;
40   (4) shall represent the interests of the state or the municipality in the appeal of any matter
41prosecuted in any trial court by the city attorney;
42   (5) may cooperate with the Office of the Attorney General during investigations;[ and]
43   (6) may designate a city attorney from another municipality or a public prosecutor to
44prosecute a matter, in the court having jurisdiction over the matter, if the city attorney
45has a conflict of interest regarding the matter being prosecuted[.] ;
46   (7) may employ a deputy attorney to perform the duties of public prosecutor or civil
47counsel; and
48   (8) may specially deputize, for a limited time or limited purpose, an attorney licensed to
49practice law in the state and in good standing with the Utah State Bar as a deputy to
50assist in any public prosecutor or civil counsel duties specified in the special
51deputization.
52Section 2. Section 76-3-402 is amended to read:
5376-3-402 . Conviction of lower degree of offense -- Procedure and limitations.
54   (1) As used in this section:
55(a) "Lower degree of offense" includes an offense for which:
56(i) a statutory enhancement is charged in the information or indictment that would
57increase either the maximum or the minimum sentence; and
58(ii) the court removes the statutory enhancement in accordance with this section.
59(b) "Minor regulatory offense" means the same as that term is defined in Section
6077-40a-101.
61(c)(i) "Rehabilitation program" means a program designed to reduce criminogenic
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62and recidivism risks.
63(ii) "Rehabilitation program" includes:
64(A) a domestic violence treatment program, as that term is defined in Section
6526B-2-101;
66(B) a residential vocational or life skills program, as that term is defined in
67Section 13-53-102;
68(C) a substance abuse treatment program, as that term is defined in Section
6926B-2-101;
70(D) a substance use disorder treatment program, as that term is defined in Section
7126B-2-101;
72(E) a youth program, as that term is defined in Section 26B-2-101;
73(F) a program that meets the standards established by the Department of
74Corrections under Section 64-13-25;
75(G) a drug court, a veterans court, or a mental health court certified by the Judicial
76Council; or
77(H) a program that is substantially similar to a program described in Subsections
78(1)(c)(ii)(A) through (G).
79      (d) "Serious offense" means a felony or misdemeanor offense that is not a minor
80regulatory offense or a traffic offense.
81      (e) "Traffic offense" means the same as that term is defined in Section 77-40a-101.
82      (f)(i) [Except as provided in Subsection (1)(f)(ii), "violent felony" means] "Violent
83felony" means, except as provided in Subsection (1)(f)(ii), the same as that term is
84defined in Section 76-3-203.5.
85(ii) "Violent felony" does not include an offense, or any attempt, solicitation, or
86conspiracy to commit an offense, for:
87(A) the purchase or possession of a dangerous weapon or firearm by a restricted
88person under Section 76-11-305 or 76-11-306;
89(B) unlawful conduct involving an explosive, chemical, or incendiary device
90under Subsection 76-15-210(2)(a); or
91(C) unlawful conduct involving an explosive, chemical, or incendiary part under
92Section 76-15-211.
93  (2) The court may enter a judgment of conviction for a lower degree of offense than
94      established by statute and impose a sentence at the time of sentencing for the lower
95      degree of offense if the court:
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96(a) takes into account:
97(i) the nature and circumstances of the offense of which the defendant was found
98guilty; and
99(ii) the history and character of the defendant;
100(b) gives any victim present at the sentencing and the prosecuting attorney an
101opportunity to be heard; and
102(c) concludes that the degree of offense established by statute would be unduly harsh to
103record as a conviction on the record for the defendant.
104   (3) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
105judgment of conviction for a lower degree of offense than established by statute:
106(a) after the defendant is successfully discharged from probation or parole for the
107conviction; and
108(b) if the court finds, in accordance with Subsection (8), that entering a judgment of
109conviction for a lower degree of offense is in the interest of justice[ in accordance
110with Subsection (7)].
111   (4) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
112judgment of conviction for a lower degree of offense than established by statute if:
113(a) the defendant's probation or parole for the conviction did not result in a successful
114discharge but the defendant is successfully discharged from probation or parole for a
115subsequent conviction of an offense;
116(b)(i) at least five years have passed after the day on which the defendant is sentenced
117for the subsequent conviction; or
118(ii) at least three years have passed after the day on which the defendant is sentenced
119for the subsequent conviction and the prosecuting attorney consents to the
120reduction;
121(c) the defendant is not convicted of a serious offense during the time period described
122in Subsection (4)(b);
123(d) there are no criminal proceedings pending against the defendant;
124(e) the defendant is not on probation, on parole, or currently incarcerated for any other
125offense;
126(f) if the offense for which the reduction is sought is a violent felony, the prosecuting
127attorney consents to the reduction; and
128(g) the court finds, in accordance with Subsection (8), that entering a judgment of
129conviction for a lower degree of offense is in the interest of justice[ in accordance
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130with Subsection (7)].
131  (5) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
132      judgment of conviction for a lower degree of offense than established by statute if:
133      (a) the defendant's probation or parole for the conviction did not result in a successful
134discharge but the defendant is successfully discharged from a rehabilitation program;
135      (b) at least three years have passed after the day on which the defendant is successfully
136discharged from the rehabilitation program;
137      (c) the defendant is not convicted of a serious offense during the time period described
138in Subsection (5)(b);
139      (d) there are no criminal proceedings pending against the defendant;
140      (e) the defendant is not on probation, on parole, or currently incarcerated for any other
141offense;
142      (f) if the offense for which the reduction is sought is a violent felony, the prosecuting
143attorney consents to the reduction; and
144      (g) the court finds, in accordance with Subsection (8), that entering a judgment of
145conviction for a lower degree of offense is in the interest of justice[ in accordance
146with Subsection (7)].
147  (6) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
148      judgment of conviction for a lower degree of offense than established by statute if:
149      (a) at least five years have passed after the day on which the defendant's probation or
150parole for the conviction did not result in a successful discharge;
151      (b) the defendant is not convicted of a serious offense during the time period described
152in Subsection (6)(a);
153      (c) there are no criminal proceedings pending against the defendant;
154      (d) the defendant is not on probation, on parole, or currently incarcerated for any other
155offense;
156      (e) if the offense for which the reduction is sought is a violent felony, the prosecuting
157attorney consents to the reduction; and
158      (f) the court finds, in accordance with Subsection (8), that entering a judgment of
159conviction for a lower degree of offense is in the interest of justice[ in accordance
160with Subsection (7)].
161  (7)(a) Upon a joint motion from the prosecuting attorney and the defendant, the court
162      may enter a judgment of conviction for a lower degree of offense than established by
163      statute if:
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164(i) the defendant, within one year after sentencing, provides substantial assistance in
165the criminal investigation, arrest, or prosecution of another individual; and
166(ii) the court finds, in accordance with Subsection (8), that entering a judgment of
167conviction for a lower degree of offense is in the interest of justice and public
168safety.
169(b) In determining whether the defendant has provided substantial assistance under
170Subsection (7)(a)(i), the court shall consider:
171(i) the significance and usefulness of the defendant's assistance, taking into account
172the prosecuting attorney's evaluation of the assistance rendered;
173(ii) the truthfulness, completeness, and reliability of information or testimony
174provided by the defendant;
175(iii) the nature and extent of the defendant's assistance;
176(iv) any injury suffered or any danger or risk of injury to the defendant or the
177defendant's family resulting from the defendant's assistance;
178(v) the timeliness of the defendant's assistance; and
179(vi) any other factor the court considers relevant.
180   [(7)] (8) In determining whether entering a judgment of a conviction for a lower degree of
181offense is in the interest of justice under Subsection (3), (4), (5), [or ](6), or (7):
182(a) the court shall consider:
183(i) the nature, circumstances, and severity of the offense for which a reduction is
184sought;
185(ii) the physical, emotional, or other harm that the defendant caused any victim of the
186offense for which the reduction is sought; and
187(iii) any input from a victim of the offense; and
188(b) the court may consider:
189(i) any special characteristics or circumstances of the defendant, including the
190defendant's criminogenic risks and needs;
191(ii) the defendant's criminal history;
192(iii) the defendant's employment and community service history;
193(iv) whether the defendant participated in a rehabilitative program and successfully
194completed the program;
195(v) any effect that a reduction would have on the defendant's ability to obtain or
196reapply for a professional license from the Department of Commerce;
197(vi) whether the level of the offense has been reduced by law after the defendant's
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198conviction;
199(vii) any potential impact that the reduction would have on public safety; or
200(viii) any other circumstances that are reasonably related to the defendant or the
201offense for which the reduction is sought.
202  [(8)] (9)(a) A court may only enter a judgment of conviction for a lower degree of
203      offense under Subsection (3), (4), (5), [or ](6), or (7) after:
204(i) notice is provided to the other party;
205(ii) reasonable efforts have been made by the prosecuting attorney to provide notice
206to any victims; and
207(iii) a hearing is held if a hearing is requested by either party.
208      (b) A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a
209judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), [
210or ](6), or (7).
211      (c) In a motion under Subsection (3), (4), (5), [or ](6), or (7) and at a requested hearing
212on the motion, the moving party has the burden to provide evidence sufficient to
213demonstrate that the requirements under Subsection (3), (4), (5), [or ](6), or (7) are
214met.
215      (d) If a defendant files a motion under this section, the prosecuting attorney shall
216respond to the motion within 35 days after the day on which the motion is filed with
217the court.
218  [(9)] (10) A court has jurisdiction to consider and enter a judgment of conviction for a lower
219      degree of offense under Subsection (3), (4), (5), [or ](6), or (7) regardless of whether the
220      defendant is committed to jail as a condition of probation or is sentenced to prison.
221  [(10)] (11)(a) An offense may be reduced only one degree under this section, unless the
222      prosecuting attorney specifically agrees in writing or on the court record that the
223      offense may be reduced two degrees.
224      (b) An offense may not be reduced under this section by more than two degrees.
225  [(11)] (12) This section does not preclude an individual from obtaining or being granted an
226      expungement of the individual's record in accordance with Title 77, Chapter 40a,
227      Expungement of Criminal Records.
228  [(12)] (13) The court may not enter a judgment for a conviction for a lower degree of
229      offense under this section if:
230      (a) the reduction is specifically precluded by law; or
231      (b) any unpaid balance remains on court-ordered restitution for the offense for which the
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232reduction is sought.
233   [(13)] (14) When the court enters a judgment for a lower degree of offense under this
234section, the actual title of the offense for which the reduction is made may not be altered.
235   [(14)] (15)(a) An individual may not obtain a reduction under this section of a conviction
236that requires the individual to register as a sex offender, kidnap offender, or child
237abuse offender under Section 53-29-202 until the registration requirements under
238Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, have expired.
239(b) An individual required to register as a sex offender, kidnap offender, or child abuse
240offender under Section 53-29-202 and required to register for the individual's lifetime
241as described in Subsection 53-29-203(1)(b), may not be granted a reduction of the
242conviction for the offense or offenses that require the individual to register as a sex
243offender, kidnap offender, or child abuse offender.
244Section 3. Effective Date.
245   This bill takes effect on May 6, 2026.
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