Utah Code § 63M-7-405

Current through the 2024 Fourth Special Session
Section 63M-7-405 - Master offense list - Collateral consequences guide
(1)
(a) The sentencing commission shall create a master offense list.
(b) On or before June 30 of each year, the sentencing commission shall:
(i) after the last day of the general legislative session, update the master offense list; and
(ii) present the updated master offense list to the Law Enforcement and Criminal Justice Interim Committee.
(2)
(a) The sentencing commission shall:
(i) identify any provision of state law, including the Utah Constitution, and any administrative rule that imposes a collateral consequence;
(ii) prepare and compile a guide that contains all the provisions identified in Subsection (2)(a)(i); and
(iii) update the guide described in Subsection (2)(a)(ii) annually.
(b) The sentencing commission shall state in the guide described in Subsection (2)(a) that:
(i) the guide has not been enacted into law;
(ii) the guide does not have the force of law;
(iii) the guide is for informational purposes only;
(iv) an error or omission in the guide, or in any reference in the guide:
(A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition; and
(B) does not prevent a collateral consequence from being imposed;
(v) any laws or regulations for a county, a municipality, another state, or the United States, imposing a collateral consequence are not included in the guide; and
(vi) the guide does not include any provision of state law or any administrative rule imposing a collateral consequence that is enacted on or after March 31 of each year.
(c) The sentencing commission shall:
(i) place the statements described in Subsection (2)(b) in a prominent place at the beginning of the guide; and
(ii) make the guide available to the public on the sentencing commission's website.
(d) The sentencing commission shall:
(i) present the updated guide described in Subsection (2)(a)(iii) annually to the Law Enforcement and Criminal Justice Interim Committee; and
(ii) identify and recommend legislation on collateral consequences to the Law Enforcement and Criminal Justice Interim Committee.

Utah Code § 63M-7-405

Amended by Chapter 208, 2024 General Session ,§ 13, eff. 5/1/2024.
Amended by Chapter 274, 2022 General Session ,§ 48, eff. 5/4/2022.
Amended by Chapter 243, 2021 General Session ,§ 1, eff. 5/5/2021.
Amended by Chapter 334, 2018 General Session ,§ 4, eff. 5/8/2018.
Amended by Chapter 377, 2017 General Session ,§ 1, eff. 5/9/2017.
Amended by Chapter 387, 2014 General Session ,§ 31, eff. 5/13/2014.
Amended by Chapter 286, 2010 General Session