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Enacted

Utah allows subsequent homicide prosecution when victims of prior serious bodily injury die within 10 years

Original title: Prosecution Amendments

Last action · March 23, 2026: Governor SignedSponsors: Chris Wilson and 1 other

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

Utah allows prosecutors to bring a subsequent homicide charge against a defendant if the initial prosecution involved serious bodily injury, the victim later dies from those injuries within 10 years, and certain other conditions are met. The measure also permits courts and the Board of Pardons and Parole to grant credit for time previously served in prison when sentencing for the new homicide offense. These rules take effect on May 6, 2026.

Why it matters

Changes legal liability for individuals previously convicted of or tried for crimes resulting in serious bodily injury, allowing upgraded homicide charges if the victim eventually dies from the injury, while offering discretionary credit for prior prison time served.

Background
  • SB 92 amends Utah's statutory protections against subsequent prosecution, establishing specific exceptions when a victim of serious bodily injury dies after the conclusion of initial legal proceedings. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Defendants in criminal prosecutions

Defendants face potential subsequent homicide prosecution if a victim of prior serious bodily injury dies within 10 years, while becoming eligible for sentence reductions or time-served credits.

Directly affected

Prosecuting attorneys

Prosecutors gain the legal authority to bring subsequent homicide charges under specified conditions involving later victim deaths.

Directly affected

Board of Pardons and Parole

The board is authorized to provide credit for time served in prison from a former conviction toward a subsequent homicide conviction.

Key Facts

  • A subsequent prosecution for a homicide offense is not barred if the initial prosecution resulted in serious bodily injury, the victim died from that injury as the proximate cause, the death occurred after a conviction or dismissal without prejudice, and the death occurred within 10 years of the former prosecution concluding.
  • The 10-year limit on the victim's death does not apply if the former prosecution resulted in a conviction or dismissal for attempted aggravated murder, attempted murder, first-degree felony aggravated child abuse, or child torture.
  • Prosecutors are strictly prohibited from bringing any offense other than a homicide offense in a subsequent prosecution under the new serious-bodily-injury death provision.
  • Courts may reduce the statutorily required minimum prison term before parole eligibility for a homicide conviction under the new provisions, provided the defendant served time for the prior conviction and a reduction is in the interest of justice.
Show all 8 facts
  • The reduction in the minimum prison term cannot exceed the amount of time the defendant was previously in custody for the prior conviction.
  • Courts are prohibited from granting probation or suspending the execution of a sentence when reducing a minimum term under the new sentencing provision.
  • The Board of Pardons and Parole may provide credit for any time served in prison for a prior conviction toward the term of imprisonment for the subsequent homicide conviction.
  • The bill defines 'homicide offense' to include aggravated murder, murder, manslaughter, negligent homicide, automobile homicide, child abuse homicide, and homicide by assault.

Frequently Asked Questions

When can a subsequent homicide prosecution be brought under this law?
A subsequent homicide prosecution is permitted if a former prosecution involved serious bodily injury, the victim later dies from that injury as the , the death occurred after a conviction or dismissal without prejudice, and the death happened within 10 years of the conclusion of the former prosecution (unless certain specific violent felonies like attempted murder or child torture are involved, which waive the 10-year limit).
Can a defendant receive credit for time served in prison during a previous prosecution?
Yes. A court may reduce the minimum mandatory prison term for the subsequent homicide conviction by an amount no greater than the time served in custody for the prior conviction, and the Board of Pardons and Parole may also provide credit for time served toward the new term of imprisonment.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Current status: Signed into law.

Procedural history

45 actions
  1. Mar 23, 2026Lieutenant Governor's office for filingEnrolled
    Governor Signed
  2. Mar 13, 2026Senate
    Senate/ to Governor
  3. Mar 13, 2026Senate
    Senate/ received enrolled bill from Printing
  4. Mar 11, 2026Senate
    Senate/ enrolled bill to Printing
  5. Mar 11, 2026Senate Secretary
    Enrolled Bill Returned to House or Senate
  6. Mar 6, 2026Legislative Research and General Counsel / Enrolling
    Draft of Enrolled Bill Prepared
Show 39 earlier actions
  1. Mar 6, 2026Legislative Research and General Counsel / Enrolling
    Bill Received from Senate for Enrolling
  2. Mar 6, 2026Senate
    Senate/ signed by President/ sent for enrolling
  3. Mar 6, 2026Senate
    Senate/ received from House
  4. Mar 5, 2026House
    House/ to Senate
  5. Mar 5, 2026House
    House/ signed by Speaker/ returned to Senate
  6. Mar 5, 2026HouseFloor
    House/ passed 3rd reading
  7. Mar 5, 2026House
    House/ 3rd reading
  8. Feb 26, 2026House
    House/ 2nd reading
  9. Feb 26, 2026House
    House/ committee report favorable
  10. Feb 26, 2026House
    House Comm - Favorable Recommendation
  11. Feb 25, 2026HouseCommittee
    House/ to standing committee
  12. Feb 24, 2026HouseIntroduced
    House/ 1st reading (Introduced)
  13. Feb 23, 2026House
    House/ received from Senate
  14. Feb 23, 2026Senate
    Senate/ to House
  15. Feb 23, 2026SenateFloor
    Senate/ passed 3rd reading
  16. Feb 23, 2026Senate
    Senate/ uncircled
  17. Feb 23, 2026Senate
    Senate/ circled
  18. Feb 23, 2026Senate
    Senate/ 3rd reading
  19. Feb 20, 2026Released
    LFA/ fiscal note publicly available for SB0092S01
  20. Feb 20, 2026Version Sponsor
    LFA/ fiscal note sent to sponsor for SB0092S01
  21. Feb 20, 2026SenateFloor
    Senate/ passed 2nd reading
  22. Feb 20, 2026Senate
    Senate/ substituted
  23. Feb 20, 2026Senate
    Senate/ 2nd reading
  24. Feb 19, 2026Legislative Fiscal Agency
    LFA/ bill sent to agencies for fiscal input for SB0092S01
  25. Feb 19, 2026Legislative Fiscal Analyst
    LFA/ bill assigned to staff for fiscal analysis for SB0092S01
  26. Feb 6, 2026Senate
    Senate/ placed on 2nd Reading Calendar
  27. Feb 6, 2026Senate
    Senate/ comm rpt/ amended
  28. Feb 4, 2026Senate
    Senate Comm - Favorable Recommendation
  29. Feb 4, 2026Senate
    Senate Comm - Amendment Recommendation
  30. Jan 20, 2026SenateCommittee
    Senate/ to standing committee
  31. Jan 20, 2026SenateIntroduced
    Senate/ 1st reading (Introduced)
  32. Jan 19, 2026Senate
    Senate/ received fiscal note from Fiscal Analyst
  33. Jan 17, 2026Released
    LFA/ fiscal note publicly available for SB0092
  34. Jan 17, 2026Version Sponsor
    LFA/ fiscal note sent to sponsor for SB0092
  35. Jan 12, 2026Senate
    Senate/ received bill from Legislative Research
  36. Jan 6, 2026Legislative Fiscal Agency
    LFA/ bill sent to agencies for fiscal input for SB0092
  37. Jan 6, 2026Legislative Fiscal Analyst
    LFA/ bill assigned to staff for fiscal analysis for SB0092
  38. Jan 6, 2026Legislative Research and General Counsel
    Numbered Bill Publicly Distributed
  39. Jan 6, 2026Legislative Research and General Counsel
    Bill Numbered but not Distributed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Exception to Subsequent Prosecution Prohibition

The bill creates a direct statutory exception allowing homicide charges when a victim of serious bodily injury dies years after the initial concluded prosecution.

Connected Entities

Utah, Board of Pardons and Parole
locationUtah“Jurisdiction passing the legislation”Map →
OrganizationBoard of Pardons and Parole“Authorized to provide credit for time served in prison regarding homicide offens”Map →

Sources

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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