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House codifies prosecutorial agreements with witnesses, sponsors say practice now statutory
Summary
House Bill 87 clarifies and codifies prosecutor agreements (diversion, charge reduction, recommendations to courts) so defense counsel and cooperating witnesses can enforce promises by prosecutors; supporters said the bill reflects current practice and does not bind judges. The House passed the bill and referred it to the Senate.
The Utah House voted to pass House Bill 87, a measure codifying prosecutors’ agreements with cooperating witnesses on diversion, charge reductions or other compromises that prosecutors may offer in exchange for testimony.
Sponsor Representative Harwick told the House the bill formalizes existing practice and does not bind the court: "Nothing about this agreement binds the court," he said, adding the proposal is intended to give defense counsel and defendants a clearer, enforceable right to rely on a prosecutor’s promise.
Members raised questions about the role of the court and whether diversion requires judicial approval. Representative Cannon and others asked whether a judge must approve certain diversion arrangements; Harwick and supporters replied that diversion practice and what the prosecutor can agree to are already within prosecutorial authority and the statute is intended to let defendants hold prosecutors to those commitments, even though a judge retains sentencing authority.
After debate the House adopted the bill and it was referred to the Senate on a recorded vote of 68 affirmative and 1 negative, as announced by the clerk.
