Criminal Justice

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.