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House passes criminal-penalty package including 'Jessica's Law' to stiffen sentences for child sex offenses

Utah House of Representatives · January 31, 2008
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Summary

The Utah House on Jan. 30 passed House Bill 256, a criminal-penalty package that carves out three serious child sexual offenses and raises standard penalties (sponsor described sentences '25 years to life' for the specified crimes and a standard 15 years-to-life term for attempted offenses used in plea negotiations). The bill passed unanimously and will move to the Senate.

Representative Carl Wimmer, sponsor of House Bill 256, told the chamber the bill 'will carve out the 3 most serious child *** offenses' and raise penalties for those crimes to 'a sentence of 25 years to life.' He said the measure also standardizes plea negotiations by making attempted offenses carry a recommended sentence of 15 years to life so guilty pleas cannot be routinely reduced to misdemeanor-level penalties. "What's happened is many times you have a fragile victim ... they ask for a plea agreement ... and in many states ... they plead down to eludeness involving a child, which is a misdemeanor," Wimmer said, arguing the bill addresses that gap.

Wimmer said the proposal retains judicial discretion: a judge may lower a plea below the 15‑year standard if the reason is placed on the public record. He framed the bill as a response to plea-practice problems encountered in other states and as a compromise reached with law-enforcement and victims' groups; he told members the bill has the support of CCJJ, USC, the Law Enforcement Committee, the Crime Victims Council and Governor Huntsman.

Debate on the floor was limited and proponents emphasized victim-protection and reducing the ability to plead serious charges down to noncustodial offenses. After discussion, the House opened and closed the vote; HB256 passed the House 75 yes, 0 no and will be forwarded to the Senate for further consideration.

The next step is Senate consideration; no Senate debate or amendments are recorded in this transcript. The House record shows the bill was approved without opposition and referred to the Senate.