HB 213 — Criminal Proceedings Amendments

Definitions for part.

- 4 - HB0213 compared with HB0213S01 As used in this part:

(1) "Charging instrument" means:

(a) a citation described in Section 77-7-18;

(b) an indictment;

or (c) an information.

(2) "Defendant in pretrial detention" means an individual who, while awaiting trial or other resolution of a pending criminal offense, is:

(a) held in custody by law enforcement;

and (b) not imprisoned for another offense.

(3) "Defendant not in pretrial detention" means an individual who, while awaiting trial or other resolution of a pending criminal offense, is:

(a) not held in custody by law enforcement;

or (b) imprisoned for another offense.

Section 3 is enacted to read:

77-17-202.

Time periods for a speedy trial.

(1) A defendant in pretrial detention has a right in a criminal case to be brought to trial within 90 days after:

(a) except as provided in Subsection (1)(b), (c), or (d), the day of the defendant's first appearance following the filing or issuance of a charging instrument;

(b) the day on which the court declares a mistrial if the defendant is to be retried after a mistrial;

(c) the day on which the retrial order becomes final if the defendant is to be retried after a successful appeal or collateral attack on the conviction;

or (d) the day of the defendant's first appearance in court following the filing or issuance of a subsequent charging instrument, if:

(i) the original charging instrument is dismissed;

and (ii) the prosecuting attorney subsequently charges the defendant with the same offense arising out of the same criminal episode as the original charging instrument.

(2) A defendant not in pretrial detention has a right in a criminal case to be brought to trial within 180 days after:

(a) except as provided in Subsection (2)(b), (c), or (d), the day of the defendant's first appearance following the filing or issuance of a charging instrument;

- 5 - HB0213 compared with HB0213S01 (b) the day on which the court declares a mistrial if the defendant is to be retried after a mistrial;

(c) the day on which the retrial order becomes final if the defendant is to be retried after a successful appeal or collateral attack on the conviction;

or (d) the day of the defendant's first appearance in court following the filing or issuance of a subsequent charging instrument, if:

(i) the original charging instrument is dismissed;

and (ii) the prosecuting attorney subsequently charges the defendant with the same offense arising out of the same criminal episode as the original charging instrument.

(3) (a) Notwithstanding Subsections (1) and (2), the court may, on the court's own motion or upon motion by either party, before trial extend the time period by which a defendant has a right to be brought to trial to a period that is longer than the applicable time period under Subsection (1) or (2) if:

(i) the court determines that the case is of such complexity that additional time is necessary for the parties to adequately prepare for pretrial proceedings or trial;

(ii) the court is unable to bring the defendant to trial within the time period due to:

(A) the volume of other matters pending before the court that prevents scheduling a trial within the time period;

or (B) the unavailability of essential court personnel, facilities, or resources necessary to conduct the trial within the time period;

or (iii) (A) the defendant is joined for trial with another defendant who has a right to be brought to trial within a time period that expires after the defendant's time period expires;

(B) the court finds that, for reasons stated on the record, the interests of justice served by the joinder outweigh the defendant's right to have the trial held within the time period;

and (C) the court extends the defendant's time period to match the other defendant's time period.

(b) If the court extends a time period under Subsection (3)(a)(ii), the defendant has a right to be brought to trial at the earliest possible date.

(4) (a) Notwithstanding Subsections (1) and (2), the court may, on the court's own motion or upon motion by either party, before trial shorten a time period by which a defendant has a right to be brought to trial to a period that is shorter than the applicable time period under Subsection (1) or (2) if:

- 6 - HB0213 compared with HB0213S01 (i) a charge against the defendant is dismissed and the prosecuting attorney subsequently charges the defendant with the same offense arising out of the same criminal episode;

or (ii) the defendant is to be retried after a mistrial.

(b) In determining whether to shorten a time period under Subsection (4)(a)(i), the court shall consider:

(i) the degree to which the new charge is different from the original charge;

(ii) the extent to which the new charging instrument alleges an offense or material facts that the prosecution knew at the time prosecution filed the original charge;

(iii) the period of time that elapsed between the defendant's first appearance on the original charge and the defendant's first appearance on the new charge;

(iv) the reason for the dismissal, including whether the reason was to avoid the expiration of a time period under this part;

and (v) any other factor which, in the interests of justice, affects the time in which the defendant will be tried on the new charge.

Section 4.

Section 4 is enacted to read:

77-17-203.

Excluded periods.

(1) In computing the time by which a defendant has a right to be brought to trial under this part, the following time periods are excluded:

(a) a period beginning on the day a party files a petition for a competency evaluation under Section 77-15-3 or 77-15-3.5, or the court raises the issue of competency under Section 77-15-4, and ending on the day the court determines that the defendant is competent to stand trial;

(b) a period beginning on the day a party files an interlocutory appeal and ending on the day of the final disposition of the appeal;

(c) each day the defendant appears for a court proceeding in a different case;

(d) if a continuance is granted at the request or with the consent of the defendant or the defendant's counsel, the length of time of the continuance;

(e) a period beginning on the day the defendant fails to appear for a scheduled court proceeding and ending on the day the defendant next appears before the court;

and (f) any other reasonable period of time when the court determines that the interests of justice served by excluding the time period outweigh the defendant's right to have the trial held within a time period under this part.

- 7 - HB0213 compared with HB0213S01 (2) A defendant who has waived the right to counsel and is proceeding pro se has not consented to a continuance under Subsection (1)(d) unless the court has advised the defendant of the right to a speedy trial and the effect of the defendant's consent.

(3) A court may not exclude a time period described in Subsection (1)(f) unless the court states, on the record, the court's reasons for finding that the interests of justice served by excluding the time period outweigh the defendant's right to have the trial held within the applicable time period under this part.

(4) (a) Time required to consider and resolve a pretrial motion not described in Subsection (1) is not automatically excluded under this section.

(b) The court may exclude time described in Subsection (4)(a) upon a party's request or under Subsection (1)(f).

Section 5.

Section 5 is enacted to read:

77-17-204.

Implementation of time period for a speedy trial.

(1) At a defendant's first appearance following the filing of a charging instrument, the court shall:

(a) advise the defendant of the right to a speedy trial and the time by which the defendant has a right to be brought to trial under Section 77-17-202;

and (b) inform the defendant of the excluded periods described in Section 77-17-203.

(2) If the court changes the time period by which the defendant has a right to be brought to trial after the court advises the defendant under Subsection (1)(a), the court shall:

(a) state the reasons for the change on the record;

(b) notify the prosecution and defense of the new time period by which the defendant has a right to be brought to trial;

and (c) note the new time period on the record.

Section 6.

Section 6 is enacted to read:

77-17-205.

Effects of exceeding time period for a speedy trial.

(1) (a) Except as provided in Subsection (1)(b), if a defendant in pretrial detention has not been brought to trial and the case remains pending on the day the time period under this part expires, the court shall:

(i) if a condition or combination of conditions of release will reasonably ensure the safety of the community or any individual:

- 8 - HB0213 compared with HB0213S01 (A) order that the defendant be released from detention under conditions set in accordance with Section 77-20-205, that best minimize the risks of flight and danger to the community or any individual;

and (B) set the trial to begin within 180 days after the day on which the defendant is released;

or (ii) if no condition or combination of conditions of release will reasonably ensure the safety of the community or any individual:

(A) set the trial to begin within 15 days after the day on which the time period expires;

or (B) set the trial to begin within 45 days after the day on which the time period expires upon the request of the defendant.

(b) If the court sets the trial to begin under Subsection (1)(a)(ii)(A) or (1)(a)(ii)(B), and the trial does not begin within the set time period, the court shall:

(i) order that the defendant be released from detention under conditions set in accordance with Section 77-20-205, that, to the extent reasonably possible, minimize the risks of flight and danger to the community or any individual;

and (ii) set the trial to begin within 180 days after the day on which the defendant is released.

(2) (a) If a defendant not in pretrial detention has not been brought to trial and the case is pending on the day the time period under this part expires, the court shall:

(i) dismiss the prosecution with prejudice;

or (ii) after affording the parties and any victims the opportunity to be heard, extend the time period in the interests of justice for a period:

(A) not to exceed 30 days after the day on which the time period expires;

or (B) not to exceed 75 days after the day on which the time period expires upon the request of the defendant.

(b) In making a determination under Subsection (2)(a)(ii), the court shall consider the totality of the circumstances, including:

(i) the gravity of the offense;

(ii) the reasons for the failure to bring the defendant to trial within the time period;

(iii) the extent to which the prosecution or the defense is responsible for the delay;

(iv) the extent of the prejudice to the defense, the prosecution, or the public that may result from the extension;

and (v) the effect an extension would have on any victims.

- 9 - HB0213 compared with HB0213S01 (c) If a court orders an extension under Subsection (2)(a)(ii) and the trial does not commence within the extended time period, the court shall dismiss the prosecution with prejudice.

(3) In making a determination concerning detention, dismissal, or setting a trial date under this section, the court shall state, on the record, the reasons for the court's determination.

(4) Dismissal of prosecution with prejudice under this section forever bars prosecution for the offense charged and for any other offense required to be joined with that offense.

Section 3.

Effective date.

2-2-26 12:10 PM - 410 -