Utah Code 63M-7-405. Master offense list — Collateral consequences guide
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(1)
Terms Used In Utah Code 63M-7-405
- Adjudication: means an adjudication, as that term is defined in Section
80-1-102 , of an offense under Section80-6-701 . See Utah Code 63M-7-401.1 - Collateral consequence: means :(4)(a) a discretionary disqualification; or(4)(b) a mandatory sanction. See Utah Code 63M-7-401.1
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201 . See Utah Code 63M-7-101.5- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Master offense list: means a document that contains all offenses that exist in statute and each offense's associated penalty. See Utah Code 63M-7-401.1
- Offense: means a felony, a misdemeanor, an infraction, or an adjudication under the laws of this state, another state, or the United States. See Utah Code 63M-7-401.1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Sentencing commission: means the sentencing commission created in Section
Utah Code 63M-7-401.1 - State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) The sentencing commission shall create a master offense list.(1)(b) On or before June 30 of each year, the sentencing commission shall:(1)(b)(i) after the last day of the general legislative session, update the master offense list; and(1)(b)(ii) present the updated master offense list to the Law Enforcement and Criminal Justice Interim Committee. - Commission: means the State Commission on Criminal and Juvenile Justice created in Section
(2)
(2)(a) The sentencing commission shall:
(2)(a)(i) identify any provision of state law, including the Utah Constitution, and any administrative rule that imposes a collateral consequence;
(2)(a)(ii) prepare and compile a guide that contains all the provisions identified in Subsection (2)(a)(i); and
(2)(a)(iii) update the guide described in Subsection (2)(a)(ii) annually.
(2)(b) The sentencing commission shall state in the guide described in Subsection (2)(a) that:
(2)(b)(i) the guide has not been enacted into law;
(2)(b)(ii) the guide does not have the force of law;
(2)(b)(iii) the guide is for informational purposes only;
(2)(b)(iv) an error or omission in the guide, or in any reference in the guide:
(2)(b)(iv)(A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition; and
(2)(b)(iv)(B) does not prevent a collateral consequence from being imposed;
(2)(b)(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
(2)(b)(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.
(2)(c) The sentencing commission shall:
(2)(c)(i) place the statements described in Subsection (2)(b) in a prominent place at the beginning of the guide; and
(2)(c)(ii) make the guide available to the public on the sentencing commission’s website.
(2)(d) The sentencing commission shall:
(2)(d)(i) present the updated guide described in Subsection (2)(a)(iii) annually to the Law Enforcement and Criminal Justice Interim Committee; and
(2)(d)(ii) identify and recommend legislation on collateral consequences to the Law Enforcement and Criminal Justice Interim Committee.