Criminal Justice

HB 265 requires businesses to register non-nicotine inhalation products and substances (primarily cannabinoid-based products like CBD vaporizers) and imposes civil penalties for selling unregistered items. It creates a new criminal offense for illegally distributing cannabinoid inhalation products while clarifying that cannabinoid products do not include electronic cigarettes. The bill defines key terms like "cannabinoid product" and "artificially derived cannabinoid" to distinguish legal products from restricted substances. This applies directly to manufacturers, distributors, and retailers of these products in Utah, aiming to regulate the market under updated definitions.

SB 125 amends Utah's theft of service law to clarify when prior convictions for theft, robbery, burglary, or fraud can increase penalties for stealing services like utilities, transportation, or accommodations. It specifically changes the rules for elevating theft of service to a third-degree felony (instead of a lesser charge) if the offender has two prior qualifying convictions within 10 years, or if the theft occurs on property where they were previously banned. The bill directly affects individuals committing service theft who have prior criminal records for specified offenses. It makes technical updates to the law without adding new funding or changing the core definition of theft of service. The changes take effect on May 6, 2026.

SB 27 amends Utah law to expand protections for peace officers and military service members against assault or threats of violence. It separates offenses into two distinct categories: one for peace officers (including off-duty officers and their families if the attack was due to their status) and another for military members (including off-duty members, those not in uniform, and their families under similar circumstances). The bill clarifies definitions, such as "family member" and "peace officer," and updates related code sections to reflect these changes. These amendments aim to strengthen legal safeguards for these groups without altering existing penalty structures.

HJR 28 amends Utah court rules to create a new procedure for remanding non-capital felony appeals (cases without a death sentence) to trial courts. It allows defendants to request the appellate court send their case back for factual findings about claims of ineffective legal counsel, requiring specific evidence and limiting the process to 90 days. The bill explicitly excludes capital felony cases (with death sentences) from this remand process. This affects defendants in non-capital felony appeals challenging their attorneys' performance, providing a structured way to address incomplete records without changing the death penalty process.

SJR 1 amends Utah's Rules of Evidence to allow courts to admit evidence of prior similar child molestation or sexual assault acts in criminal cases involving those specific offenses. It permits prosecutors to present evidence of past child molestation (including sexual exploitation of minors) or prior sexual assaults to show a defendant's propensity, provided they give the defendant reasonable notice before trial. This change directly affects defendants in criminal cases accused of child molestation (involving children under 14) or sexual assault. The amendment does not alter other evidence rules but specifies new procedures for disclosure and admissibility in these limited cases.

SB 105 amends Utah's self-defense laws to limit when a person can claim justification for using force. It removes the defense if someone causes injury or death to an innocent person while using force against another individual, and denies pretrial hearings for defendants charged with reckless or negligent harm to others during such incidents. The bill specifically targets cases where the defendant’s claimed self-defense against one person results in unintended harm to a third party. These changes affect criminal defendants in Utah who attempt to use self-defense as a legal justification but are charged with causing harm to an unrelated individual. The amendments take effect on May 6, 2026.