HB 353: Criminal Code Amendments - Utah

Amended 2/26/2025 09:02:674 → Substitute #1 · 5 edits

MODERATE

This bill substitutes a new version of HB 353 that maintains most of the original content while updating formatting and removing the Senate Sponsor name. The substantive policy provisions remain the same, including requirements for state agencies to review criminal offenses, duties of the State Commission on Criminal and Juvenile Justice, and repeal of the flag abuse offense.

Scope change

No substantive change to the bill's scope or applicability; only formatting and sponsorship information were modified.

TECHNICAL

Senate Sponsor field was removed from the header, leaving it blank

Date and time stamps were updated from 2-26-25 to 02-05 18:53

Formatting was adjusted with different spacing and line breaks throughout the document

Some bracketed text markers like '1[...]1' and '1...1' that indicated deletions and insertions were removed

Page numbers and section headers were reformatted with different alignment and spacing

Amended Excerpts 2/26/2025 09:02:674 → Amended 2/26/2025 09:02:674 · 7 edits

MODERATE

This bill transforms the State Commission on Criminal and Juvenile Justice into a more centralized oversight body with expanded duties to review criminal offenses, study recidivism reduction strategies, and manage grant programs. It also repeals the criminal offense related to flag abuse and modifies penalties for unauthorized name use in charity solicitations. The changes aim to improve criminal justice coordination, data sharing, and accountability across state agencies.

Scope change

The bill significantly expands the scope of the State Commission on Criminal and Juvenile Justice by adding new duties related to agency reviews, data system development, and grant administration, while removing the attorney general from the definition of 'state agency' for certain purposes.

REQUIREMENT

Added new duties requiring state agencies to regularly review statutory criminal offenses and submit recommendations to the State Commission on Criminal and Juvenile Justice.

Established new requirements for the commission to develop common data standards, conduct audits of criminal history records, and establish criminal justice information systems.

FISCAL

Created new grant programs for preventing child sexual exploitation, reducing illegal drug activity, and incentivizing counties to reduce recidivism and incarceration rates.

ENFORCEMENT

Repealed the criminal offense relating to abuse of the flag.

Lowered the penalty for criminal violations concerning unauthorized use of a name in charity solicitations.

DEFINITION

Modified the definition of 'state agency' to explicitly exclude the attorney general.

TECHNICAL

Changed document formatting from 'Amended Excerpts' to full bill text with proper session headers and section numbering.

Enrolled → Amended Excerpts 2/26/2025 09:02:674 · 2 edits

MINOR

The bill was amended to clarify definitions of 'state agency' and 'attorney general' in the new state agency review requirements section. The Senate amendments added specific language to exclude the attorney general from the definition of state agency for review purposes and clarified the list of administrative units included in the state agency definition.

Scope change

The scope of agencies required to conduct criminal offense reviews was narrowed by explicitly excluding the attorney general from the review requirements.

DEFINITION

Added language to the definition of 'state agency' to explicitly exclude the attorney general from the review requirements.

Clarified the list of administrative units included in the state agency definition by adding 'committee' to the list of units.

Substitute #3 → Substitute #4 · 5 edits

MODERATE

This bill adds new requirements for state agencies to review and recommend changes to criminal offenses, creates a new chapter for agency review processes, and makes technical amendments to existing criminal code sections. The changes expand the State Commission on Criminal and Juvenile Justice's duties to include receiving reports from state agencies and compiling data on criminal offense reviews.

Scope change

The bill expands the scope of the State Commission on Criminal and Juvenile Justice by adding new duties for the commission to receive, compile, and report on state agency reviews of criminal offenses. It also adds a new chapter (67-28) establishing state agency review requirements for criminal offenses.

REQUIREMENT

Added new Chapter 67-28 requiring state agencies to review criminal offenses they prosecute and submit recommendations to the State Commission on Criminal and Juvenile Justice by July 1, 2026, and every three years thereafter.

Added new duties for the State Commission on Criminal and Juvenile Justice to receive, compile, and annually report on state agency reviews of criminal offenses.

TECHNICAL

Modified Section 63M-7-204 to add new duties for the commission related to receiving data from state agencies and compiling reports on criminal offense reviews.

Modified Section 76-9-803 regarding criminal street gang activities to clarify penalties and remove redundant language.

Modified Section 76-10-604 to change the penalty classification from class B misdemeanor to infraction for unauthorized name use in charity solicitations.

Substitute #2 → Substitute #3 · 4 edits

MODERATE

This substitute bill adds new coordination clauses to reference H.B. 38 and makes technical clarifications to Section 76-9-803, while removing the repeal of Section 76-10-604 from the list of affected sections and updating the Long Title to reflect these changes. The substantive provisions regarding state agency reviews, commission duties, and the flag abuse repeal remain unchanged.

Scope change

The bill's scope was expanded to include coordination with H.B. 38 (Criminal Offenses Modifications) in addition to H.B. 21, and Section 76-9-803 was added to the list of sections being amended.

TECHNICAL

Added H.B. 38 to the coordination clause in the Long Title and Utah Code Sections Affected section to coordinate technical changes with another bill.

Added Section 76-9-803 to the list of sections being amended and to the coordination clause sections.

Removed the repeal of Section 76-10-604 from the Utah Code Sections Affected list, as it is now being amended rather than repealed.

Updated the Long Title to include clarifying changes to Section 76-9-803 and added the coordination clause with H.B. 38.

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This bill substitutes a revised version of HB 353 that maintains the core provisions requiring state agencies to review criminal offenses and the State Commission on Criminal and Juvenile Justice to compile reports. The primary substantive change is updating the Senate Sponsor from 'LONG TITLE' to 'Brady Brammer' and adjusting formatting throughout the document. The policy content regarding agency reviews, reporting requirements, and the repeal of the flag abuse offense remains substantively unchanged.

TECHNICAL

Updated Senate Sponsor name from 'LONG TITLE' to 'Brady Brammer'

Adjusted formatting and line breaks throughout the document for the second substitute version

Removed timestamp and metadata lines that were present in the original version

Added header information indicating this is the '2nd Sub.' version with updated timestamp

Introduced → Enrolled · 6 edits · Mar 27, 2025

MODERATE

This bill updates the duties of the State Commission on Criminal and Juvenile Justice to include regular reviews of criminal offenses by state agencies, lowers penalties for unauthorized name use in charity solicitations, and repeals the criminal offense of flag abuse. It also adds coordination clauses to align with other criminal code reform bills.

Scope change

The bill expands the State Commission's responsibilities to include systematic reviews of criminal offenses by state agencies and adds new coordination requirements with other criminal code reform legislation.

REQUIREMENT

State agencies must review criminal offenses they enforce every three years starting July 1, 2026, and submit recommendations to the State Commission

The State Commission must compile agency reviews and submit an annual report to the Law Enforcement and Criminal Justice Interim Committee

ENFORCEMENT

Penalty for unauthorized use of a name in charity solicitations reduced from class B misdemeanor to infraction

Criminal offense relating to abuse of the flag has been repealed

TECHNICAL

New coordination clauses added to align technical changes with H.B. 21 and H.B. 38

Section 76-9-803 amended with technical and clarifying changes

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