UT
Utah Senate Bill SJR010

Utah 2025 Regular Session

Utah Senate Bill SJR010 Compare Versions

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1-Enrolled Copy S.J.R. 10
1+02-25 15:59 1st Sub. (Green) S.J.R. 10
2+Stephanie Pitcher proposes the following substitute bill:
23 1
34 Joint Resolution Amending Court Rules Regarding Pleas
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Stephanie Pitcher
7-House Sponsor: Ryan D. Wilcox
8+House Sponsor:
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910
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1112 LONG TITLE
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1314 General Description:
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1516 This joint resolution amends court rules of procedure regarding pleas.
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1718 Highlighted Provisions:
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1920 This resolution:
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2122 ▸ amends Utah Rules of Criminal Procedure, Rule 11, to address pleas; and
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2324 ▸ makes technical and conforming changes.
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2526 Other Special Clauses:
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2728 This resolution provides a special effective date.
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2930 Utah Rules of Criminal Procedure Affected:
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3132 AMENDS:
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3334 Rule 11, Utah Rules of Criminal Procedure
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3536
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3738 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
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3940 of the two houses voting in favor thereof:
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4142 As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend rules of
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4344 procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of all
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4546 members of both houses of the Legislature:
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47-Section 1. Rule 11, Utah Rules of Criminal Procedure is amended to read:
48+Section 2. Rule 11, Utah Rules of Criminal Procedure is amended to read:
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4950 Rule 11 . Pleas.
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5152 (a) Right to Counsel. Upon arraignment, except for an infraction, a defendant must be
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5354 represented by counsel, unless the defendant waives counsel in open court. The defendant
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5556 must not be required to plead until the defendant has had a reasonable time to confer with
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5758 counsel.
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5960 (b) Types of pleas. A defendant may plead not guilty, guilty, no contest, not guilty by
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61-reason of insanity, or guilty [and mentally ill] with a mental condition at the time of the offense. S.J.R. 10 Enrolled Copy
62+reason of insanity, or guilty [and mentally ill] with a mental condition at the time of the offense.
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6364 A defendant may plead in the alternative not guilty or not guilty by reason of insanity. If a
65+1st Sub. S.J.R. 10 1st Sub. (Green) S.J.R. 10 02-25 15:59
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6567 defendant refuses to plead or if a defendant corporation fails to appear, the court will enter a
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6769 plea of not guilty.
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6971 (c) No contest plea. A defendant may plead no contest only with the consent of the court.
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7173 (d) Not guilty plea. When a defendant enters a plea of not guilty, the case will be set for
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7375 trial. A defendant unable to make bail must be given a preference for an early trial. In cases
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7577 other than felonies the court will advise the defendant, or counsel, of the requirements for
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7779 making a written demand for a jury trial.
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7981 (e) Guilty plea. The court may refuse to accept a plea of guilty, no contest, or guilty [and
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8183 mentally ill] with a mental condition at the time of the offense, and may not accept the plea
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8385 until the court has found:
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8587 [(e)](1) if the defendant is not represented by counsel, [he or she] the defendant has
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8789 knowingly waived the right to counsel and does not desire counsel;
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8991 [(e)](2) the plea is voluntarily made;
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9193 [(e)](3) the defendant knows of the right to the presumption of innocence, the right
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9395 against compulsory self-incrimination, the right to a speedy public trial before an impartial
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9597 jury, the right to confront and cross-examine in open court the prosecution witnesses, the right
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9799 to compel the attendance of defense witnesses, and that by entering the plea, these rights are
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99101 waived;
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101103 [ (e)](4)(A) the defendant understands the nature and elements of the offense to which
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103105 the plea is entered, that upon trial the prosecution would have the burden of proving each of
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105107 those elements beyond a reasonable doubt, and that the plea is an admission of all those
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107109 elements; and
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109111 [ (e)(4)](B) there is a factual basis for the plea. A factual basis is sufficient if it
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111113 establishes that the charged crime was actually committed by the defendant or, if the defendant
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113115 refuses or is otherwise unable to admit culpability, that the prosecution has sufficient evidence
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115117 to establish a substantial risk of conviction;
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117119 [(e)](5) the defendant knows the minimum and maximum sentence, and if applicable,
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119121 the minimum mandatory nature of the minimum sentence, that may be imposed for each
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121123 offense to which a plea is entered, including the possibility of the imposition of consecutive
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123125 sentences;
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125127 [(e)](6) if the tendered plea is a result of a prior plea discussion and plea agreement, and
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127129 if so, what agreement has been reached;
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129131 [(e)](7) the defendant has been advised of the time limits for filing any motion to
130-- 2 - Enrolled Copy S.J.R. 10
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132133 withdraw the plea; and
134+- 2 - 02-25 15:59 1st Sub. (Green) S.J.R. 10
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134136 [(e)](8) the defendant has been advised that the right of appeal is limited.
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136138 These findings may be based on questioning of the defendant on the record or, if used, a
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138140 written statement reciting these factors after the court has established that the defendant has
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140142 read, understood, and acknowledged the contents of the statement. If the defendant cannot
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142144 understand the English language, it will be sufficient that the statement has been read or
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144146 translated to the defendant.
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146148 Unless specifically required by statute or rule, a court is not required to inquire into or
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148150 advise concerning any collateral consequences of a plea.
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150152 (f) Motion to withdraw plea.
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152154 (1) A defendant may withdraw a plea of not guilty at any time before conviction.
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154156 (2) A defendant must make a motion to withdraw a plea of guilty, no contest, or guilty
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156158 with a mental condition at the time of the offense before the sentence is announced. The court
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158160 may not announce the defendant's sentence unless the motion to withdraw the plea is denied.
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160162 (3) A defendant must make a motion to withdraw a plea in abeyance within 30 days after
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162164 the day on which the court accepts the defendant's plea of guilty or no contest.
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164166 (4) If a motion to withdraw a plea is not made within the time period described in this
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166168 paragraph (f), the defendant may challenge the plea in accordance with the preservation rule,
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168170 or an established exception to the preservation rule, in a direct appeal.
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170172 (5) Failure to advise the defendant of the time limits for filing any motion to withdraw a
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172174 plea[ of guilty, no contest or guilty and mentally ill] is not a ground for setting the plea aside,
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174176 but may be the ground for extending the time to make a motion under [Utah Code § 77-13-6]
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176178 this paragraph (f).
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178180 (g) Plea in domestic violence offense. If the defendant pleads guilty, no contest, or guilty [
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180182 and mentally ill] with a mental condition at the time of the offense to a misdemeanor crime of
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182184 domestic violence, as defined in Utah Code [§ ] section 77-36-1, the court will advise the
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184186 defendant orally or in writing that, if the case meets the criteria of 18 U.S.C. [§] Sec.
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186188 921(a)(33) or Utah Code [§] section 76-10-503 then pursuant to federal law or state law, it is
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188190 unlawful for the defendant to possess, receive or transport any firearm or ammunition. The
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190192 failure to advise does not render the plea invalid or form the basis for withdrawal of the plea.
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192194 (h) Plea recommendations.
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194196 [(h)](1) If it appears that the prosecuting attorney or any other party has agreed to
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196198 request or recommend the acceptance of a plea to a lesser included offense, or the dismissal of
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198200 other charges, the agreement must be approved or rejected by the court.
199-- 3 - S.J.R. 10 Enrolled Copy
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201202 [(h)](2) If sentencing recommendations are allowed by the court, the court will advise
203+- 3 - 1st Sub. (Green) S.J.R. 10 02-25 15:59
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203205 the defendant personally that any recommendation as to sentence is not binding on the court.
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205207 (i) Plea agreements.
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207209 [(i)](1) The judge will not participate in plea discussions prior to any plea agreement
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209211 being made by the prosecuting attorney.
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211213 [(i)](2) When a tentative plea agreement has been reached, the judge, upon request of the
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213215 parties, may permit the disclosure of the tentative agreement and the reasons for it, in advance
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215217 of the time for tender of the plea. The judge may then indicate to the prosecuting attorney and
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217219 defense counsel whether the proposed disposition will be approved.
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219221 [(i)](3) If the judge then decides that final disposition should not be in conformity with
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221223 the plea agreement, the judge must advise the parties as to the nature of the divergence from
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223225 the plea agreement and then call upon the parties to either affirm or withdraw from the plea
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225227 agreement.
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227229 (j) Conditional plea. With approval of the court and the consent of the prosecution, a
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229231 defendant may enter a conditional plea of guilty, guilty [and mentally ill] with a mental
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231233 condition at the time of the offense, or no contest, reserving in the record the right, on appeal
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233235 from the judgment, to a review of the adverse determination of any specified pre-trial motion.
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235237 A defendant who prevails on appeal will be allowed to withdraw the plea.
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237239 (k) Guilty [and mentally ill] with a mental condition at the time of the offense. When a
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239241 defendant tenders a plea of guilty [and mentally ill] with a mental condition at the time of the
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241243 offense, in addition to the other requirements of this rule, the court will hold a hearing within a
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243245 reasonable time to determine if the defendant [is mentally ill] had a mental condition in
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245247 accordance with Utah Code [§] section 77-16a-103.
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247249 (l) Strict compliance not necessary. Compliance with this rule will be determined by
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249251 examining the record as a whole. Any variance from procedures required by this rule which
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251253 does not affect substantial rights will be disregarded. Failure to comply with this rule is not, by
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253255 itself, sufficient grounds for a collateral attack on a guilty plea.
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255-Section 2. Effective Date.
257+Section 3. Effective Date.
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257259 As provided in Utah Constitution, Article VIII, Section 4, this resolution takes effect
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259261 upon a two-thirds vote of all members elected to each house.
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