SB 92: Prosecution Amendments - Utah

Amended 2/5/2026 10:02:245 → Substitute #1 · 6 edits

MODERATE

The bill was updated to add new provisions allowing courts to reduce minimum prison sentences and the Board of Pardons and Parole to grant credit for time served in specific homicide cases. It also refined the definition of serious bodily injury and adjusted the timeline for when a death must occur to qualify for these exceptions.

Scope change

The bill's scope expanded to include new sentencing relief mechanisms (sentence reduction and time credit) that were not present in the original version.

REQUIREMENT

Added new requirements allowing courts to reduce the minimum prison term for parole eligibility in homicide cases if the defendant served time for the prior offense.

Added authority for the Board of Pardons and Parole to provide credit for time served in the prior prosecution toward the new sentence.

DEFINITION

Added a specific definition for 'serious bodily injury' to clarify eligibility criteria.

ELIGIBILITY

Changed the death timeline requirement from a general 'after prosecution' rule to a specific 'within 10 years' rule, with exceptions for certain severe crimes.

Narrowed the list of prior offenses that automatically waive the 10-year death timeline requirement.

TECHNICAL

Updated the Long Title to reflect the new sentencing and parole credit provisions.

Amended Excerpts 2/5/2026 10:02:245 → Amended 2/5/2026 10:02:245 · 3 edits

MINOR

This bill updates the definition of 'homicide offense' to include specific types of killings such as murder, manslaughter, and negligent homicide. It clarifies that a defendant can be prosecuted again for a homicide if they previously caused bodily injury that later resulted in death, even if the first case ended in a conviction, acquittal, or dismissal. The amendment also adds rules stating that attempted homicide charges do not prevent a separate prosecution for the completed homicide.

Scope change

The scope of offenses subject to subsequent prosecution rules was expanded to explicitly include various forms of homicide, and the conditions under which a second prosecution is allowed were clarified to cover cases where the victim dies after the initial legal proceedings conclude.

DEFINITION

The definition of 'homicide offense' was expanded to list specific crimes including aggravated murder, murder, manslaughter, negligent homicide, automobile homicide, child abuse homicide, and homicide by assault.

ELIGIBILITY

The circumstances allowing a second prosecution were updated to clarify that a defendant can be charged with homicide if the victim dies from injuries sustained during the original offense, regardless of whether the first case ended in a conviction, acquittal, or dismissal.

REQUIREMENT

New provisions were added to specify that attempted homicide charges do not merge with completed homicide charges, allowing for separate convictions and punishments for both.

Enrolled → Amended Excerpts 2/5/2026 10:02:245 · 4 edits

MODERATE

The bill was amended to clarify the conditions under which a person can be prosecuted again after a previous case ended in conviction or dismissal. The changes simplify the language regarding how the victim died from injuries and remove the specific requirement that the death must occur within 10 years, instead allowing prosecution regardless of the time elapsed. It also adds a new subsection to explicitly state that the prosecutor can only charge the new homicide offense, not other crimes, in this specific situation.

Scope change

The scope of the bill remains focused on allowing subsequent prosecutions for homicide offenses, but the criteria for when this is permitted have been broadened by removing the 10-year time limit and clarified by adding specific restrictions on what charges can be brought.

REQUIREMENT

Removed the 10-year time limit for when the victim must die after the previous prosecution concludes.

Simplified the language describing how the victim died, removing the specific 'proximate cause' requirement and replacing it with 'bodily injury or as a proximate result of the bodily injury'.

Added a new subsection explicitly stating that in these specific subsequent prosecutions, the prosecutor is limited to charging only the homicide offense and cannot charge other crimes.

TECHNICAL

Made minor formatting and phrasing adjustments to the text of the statute.

Introduced → Enrolled · 6 edits · Mar 23, 2026

MODERATE

This bill expands the circumstances under which a person can be prosecuted again for a homicide even if they were previously acquitted or dismissed. It specifically allows for a second prosecution if the victim died from injuries sustained during the first case, provided the death occurred within 10 years. The bill also adds new rules allowing courts to reduce minimum prison sentences and granting parole boards credit for time served in these specific subsequent cases.

Scope change

The bill broadens the scope of subsequent prosecutions by adding a new category (Subsection 2(c)) that permits re-prosecution for homicide when a victim dies from injuries sustained in a prior case that ended in acquittal or dismissal, whereas previously only specific procedural errors or prior convictions allowed for re-prosecution.

ELIGIBILITY

Added a new eligibility criterion allowing subsequent prosecution for homicide if the victim died from serious bodily injury caused during the former prosecution, provided the death occurred within 10 years.

DEFINITION

Added a new definition for 'serious bodily injury' to clarify the threshold for triggering the new prosecution rule.

REQUIREMENT

Added a 10-year time limit for the victim's death to qualify for the new subsequent prosecution exception.

EXCEPTIONS

Created exceptions to the 10-year time limit for specific severe crimes like attempted aggravated murder and child torture.

ENFORCEMENT

Added authority for courts to reduce minimum prison sentences and for the Board of Pardons and Parole to grant credit for time served in cases involving these new subsequent prosecutions.

TECHNICAL

Updated the House Sponsor name from 'LONG TITLE' to 'Casey Snider' and adjusted the effective date section.

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