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S.B. 92

Signed into Law

Prosecution Amendments

SB0092S01 (Substitute)

Rep. Casey Snider
Rep. Casey SniderFloor Sponsor
View on le.utah.gov
S.B. 92Signed into Law

Prosecution Amendments

Senate
House
Governor

What This Bill Does

This bill amends the prohibition on a subsequent prosecution.

Key Provisions

This bill:

  • defines terms;
  • provides that a subsequent prosecution for an offense is not barred in certain circumstances;
  • allows a court to reduce a sentence for a homicide offense in certain circumstances;
  • allows the Board of Pardons and Parole to provide credit for time served with regard to a homicide offense in certain circumstances; and
  • makes technical and conforming changes.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Under current law, a person generally cannot be prosecuted twice for offenses arising from the same conduct — a protection sometimes called double jeopardy. This bill creates a new exception: if someone was previously prosecuted for causing serious bodily injury to a person, and that victim later dies from those injuries within 10 years of the original case concluding, prosecutors can charge the defendant with a homicide offense even though they were already prosecuted for the original attack. For cases involving attempted aggravated murder, attempted murder, aggravated child abuse, or child torture, the 10-year limit does not apply at all. When a defendant is convicted under this new rule, a court may reduce the minimum time they must serve before being eligible for parole by crediting time already served for the original conviction, and the Board of Pardons and Parole may also apply that prior prison time toward the new sentence.