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UtahH.B. 782025 General SessionHouseWALLET

Criminal Offenses Amendments

Sponsored By: Gwynn, Matthew H.

Signed by Governor

Abuse, Neglect, or DependencyHealth and Human ServicesChild WelfareCrimesLaw Enforcement and Criminal JusticeProbationPunishmentHomicideKidnappingSentencing

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Prosecutors can lower some criminal charges

Beginning May 7, 2025, Utah prosecutors can charge certain offenses one degree lower when doing so serves the interests of justice. Reducing a charge through a plea agreement also requires court approval. For listed serious offenses, prosecutors must state on the record that the reduction serves the interests of justice. A lower-degree conviction does not remove offender-registration duties when the conviction's elements still trigger registration. Existing expungement rights remain unchanged.

Child-sex treatment probation limited to attempts

Beginning May 7, 2025, Utah limits this residential-treatment probation option to attempted child-sex crimes, rather than completed crimes. Covered attempts involve child rape, object rape, sodomy, or aggravated sexual abuse. Eligibility requires one child victim, no weapon or bodily injury, no pornography production, and no involvement with other offenders or intent to publicize. Defendants must admit the offense, engage in mental-health treatment, and have no prior public sexual misconduct offense. Approved professionals must find rehabilitation likely, and a pre-sentencing psychological evaluation must show no immediate danger; parents and guardians need added supporting evidence. Courts decide whether to grant relief, and defendants bear the burden of proving eligibility. Defendants must serve at least 90 days incarcerated before treatment, which lasts at least one year; probation can last up to 10 years. Failure to cooperate or a probation violation triggers the previously imposed sentence.

Tougher felony sentences with limited exceptions

Beginning May 7, 2025, Utah courts generally cannot shorten prison sentences for listed serious felonies or attempts. This bars probation, suspended sentences, lower-category judgments, and hospitalization when they shorten prison time. Intentional or knowing aggravated child abuse becomes a first-degree felony, up from second-degree. Reckless abuse remains a third-degree felony; criminally negligent abuse remains a class A misdemeanor. For attempts, courts retain a suspension option with recorded justice and safety findings and corrections-supervised probation; attempted child-sex offenses face added treatment requirements. A separate exception covers some defendants who were under 18 when delayed reporting or filing prevented juvenile-court handling.

Sponsors & Cosponsors

Sponsor

  • Gwynn, Matthew H.

    Affiliation unavailable

Cosponsors

  • Brady Brammer

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 183 • No: 0

Senate vote • 3/5/2025

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 20 • No: 0

House vote • 3/5/2025

House/ concurs with Senate amendment

Yes: 72 • No: 0

Senate vote • 2/21/2025

Senate Comm - Amendment Recommendation

Yes: 5 • No: 0

Senate vote • 2/21/2025

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote • 2/11/2025

House/ passed 3rd reading

Yes: 73 • No: 0

House vote • 2/3/2025

House Comm - Favorable Recommendation

Yes: 9 • No: 0

Actions Timeline

  1. Governor Signed

    3/25/2025

  2. House/ to Governor

    3/12/2025House

  3. House/ received enrolled bill from Printing

    3/12/2025House

  4. House/ enrolled bill to Printing

    3/7/2025House

  5. Enrolled Bill Returned to House or Senate

    3/7/2025

  6. Draft of Enrolled Bill Prepared

    3/6/2025

  7. Bill Received from House for Enrolling

    3/6/2025

  8. House/ signed by Speaker/ sent for enrolling

    3/6/2025House

  9. House/ received from Senate

    3/6/2025House

  10. Senate/ to House

    3/5/2025Senate

  11. Senate/ signed by President/ returned to House

    3/5/2025Senate

  12. Senate/ received from House

    3/5/2025Senate

  13. House/ to Senate

    3/5/2025House

  14. House/ concurs with Senate amendment

    3/5/2025House

  15. House/ placed on Concurrence Calendar

    3/5/2025House

  16. House/ received from Senate

    3/5/2025House

  17. Senate/ to House with amendments

    3/5/2025Senate

  18. Senate/ passed 2nd & 3rd readings/ suspension

    3/5/2025Senate

  19. Senate/ 2nd & 3rd readings/ suspension

    3/5/2025Senate

  20. Senate/ placed on 2nd Reading Calendar

    2/21/2025Senate

  21. Senate/ comm rpt/ amended

    2/21/2025Senate

  22. Senate Comm - Favorable Recommendation

    2/21/2025Senate

  23. Senate Comm - Amendment Recommendation

    2/21/2025Senate

  24. Senate/ to standing committee

    2/19/2025Senate

  25. Senate/ 1st reading (Introduced)

    2/12/2025Senate

Bill Text

  • Enrolled

    3/7/2025

    PDF

  • Amended 2/21/2025 13:02:433

    2/21/2025

    PDF

  • Substitute #1

    1/15/2025

    PDF

  • Introduced

    1/2/2025

    PDF

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