UtahH.B. 5362026 General SessionHouseWALLET

Criminal Conduct on Public Lands Amendments

Sponsored By: Stewart E. Barlow (Republican)

Signed by Governor

Public Funds and AccountsNatural ResourcesPublic LandsCrimesLaw Enforcement and Criminal JusticeRestitution

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 2 costs, 0 mixed.

Graffiti cleanup earns court payment credit

Beginning May 6, 2026, people who remove graffiti they caused receive credit against court-ordered fees or restitution. Removal must be voluntary, paid for by the person responsible, and approved by the property owner. The law does not set the credit amount or a formula for calculating it.

New fund supports public land repairs

Beginning May 6, 2026, Utah's historic preservation office manages the new Public Lands Restoration and Protection Fund. This special revenue fund can receive offender restitution, legislative appropriations, and investment earnings; no funding amount is specified. Money can support repairs, harm prevention, anti-vandalism projects, signs, monitoring equipment, education, training, and coordinated enforcement. When an offender's harm can be repaired, restored, or cleaned up, that offender's payments must be prioritized for that work. The office's expanded duties also cover protecting state-land archaeological resources and working with archaeologists and private groups. They include statewide historic-property and cemetery inventories, National Register nominations, and federal preservation assistance. The office also leads public education about reporting crimes and legal penalties.

Antiquities offenders face value-based fines

Beginning May 6, 2026, Utah expands its antiquities offense to cover altering, removing, injuring, or destroying antiquities, including helping others. It applies on state lands and on private lands without the owner's consent; offenders must surrender all involved articles and materials. The offense is generally a class B misdemeanor. It becomes a third-degree felony for repeat violations or when commercial or archaeological value plus restoration and repair costs exceeds $500. For offenses on state lands, courts can impose a fine up to that combined amount or order restitution. Courts can direct that restitution to the public lands restoration fund.

Tougher penalties for public land damage

Beginning May 6, 2026, Utah expands its graffiti offense to cover damage to natural and archaeological features on public lands. It also covers state-owned objects permanently located there. Covered lands include state or federal lands kept largely natural and certain government-held or maintained outdoor recreation lands. Protected features include petroglyphs, pictographs, habitation caves, and hoodoos. A first conviction is a class B misdemeanor; a repeat conviction under this law is a class A misdemeanor. Courts must add community service: 100 hours within 90 days for a first conviction, 200 within 180 days for a second, and 300 within 270 days for later convictions. Service cannot conflict with school or work and must benefit public lands as much as possible. Courts can impose a fine up to the full estimated restoration cost or order restitution, which can go to the restoration fund.

Sponsors & Cosponsors

Sponsor

Stewart E. Barlow
Republican • House

Cosponsors

Don L. Ipson
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 183 • No: 2

Senate vote • 3/6/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 23 • No: 1

House vote • 3/6/2026

House/ concurs with Senate amendment

Yes: 66 • No: 1

Senate vote • 3/3/2026

Senate Comm - Amendment Recommendation

Yes: 4 • No: 0

Senate vote • 3/3/2026

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote • 2/26/2026

House/ substituted

Yes: 0 • No: 0

House vote • 2/26/2026

House/ passed 3rd reading

Yes: 68 • No: 0

House vote • 2/23/2026

House Comm - Favorable Recommendation

Yes: 9 • No: 0