Utah § 63M-7-405 Master offense list -- Collateral consequences guide.

Utah Statutes

§ 63M-7-405 — Master offense list -- Collateral consequences guide.

Utah·Title 63M Governor's Programs·Ch. 63M-7 Criminal Justice and Substance Abuse·Part 63M-7-4 Sentencing Commission

(1)(1)(a) The sentencing commission shall create a master offense list.

(1)(b) On or before June 30 of each year, the sentencing commission shall:

(1)(b)(i) after the last day of the general legislative session, update the master offense list; and

(1)(b)(ii) present the updated master offense list to the Law Enforcement and Criminal Justice Interim Committee.

(2)(2)(a) The sentencing commission shall:

(2)(a)(i) identify any provision of state law, including the Utah Constitution, and any administrative rule that imposes a collateral consequence;

(2)(a)(ii) prepare and compile a guide that contains all the provisions identified in Subsection (2)(a)(i); and

(2)(a)(iii) update the guide described in Subsection (2)(a)(ii) annually.

(2)(b) The sentencing commission shall state in the guide de

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(1) (1)(a) The sentencing commission shall create a master offense list.
(1)(b) On or before June 30 of each year, the sentencing commission shall:
(1)(b)(i) after the last day of the general legislative session, update the master offense list; and
(1)(b)(ii) present the updated master offense list to the Law Enforcement and Criminal Justice Interim Committee.
(2) (2)(a) The sentencing commission shall:
(2)(a)(i) identify any provision of state law, including the Utah Constitution, and any administrative rule that imposes a collateral consequence;
(2)(a)(ii) prepare and compile a guide that contains all the provisions identified in Subsection (2)(a)(i); and
(2)(a)(iii) update the guide described in Subsection (2)(a)(ii) annually.
(2)(b) The sentencing commission shall state in the guide described in Subsection (2)(a) that:
(2)(b)(i) the guide has not been enacted into law;
(2)(b)(ii) the guide does not have the force of law;
(2)(b)(iii) the guide is for informational purposes only;
(2)(b)(iv) an error or omission in the guide, or in any reference in the guide:
(2)(b)(iv)(A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition; and
(2)(b)(iv)(B) does not prevent a collateral consequence from being imposed;
(2)(b)(v) any laws or regulations for a county, a municipality, another state, or the United States, imposing a collateral consequence are not included in the guide; and
(2)(b)(vi) the guide does not include any provision of state law or any administrative rule imposing a collateral consequence that is enacted on or after March 31 of each year.
(2)(c) The sentencing commission shall:
(2)(c)(i) place the statements described in Subsection (2)(b) in a prominent place at the beginning of the guide; and
(2)(c)(ii) make the guide available to the public on the sentencing commission's website.
(2)(d) The sentencing commission shall:
(2)(d)(i) present the updated guide described in Subsection (2)(a)(iii) annually to the Law Enforcement and Criminal Justice Interim Committee; and
(2)(d)(ii) identify and recommend legislation on collateral consequences to the Law Enforcement and Criminal Justice Interim Committee.

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