§ 67-28-102 — State agency review and recommendation regarding criminal offenses.

(1) Except as provided in Subsection (4), on or before July 1, 2026, and on or before July 1 every three years after 2026, every state agency shall complete a review of the criminal offenses contained in the statutes:
(1)(a) for which the state agency is responsible to prosecute or refer for prosecution; or
(1)(b) contained in the state agency's designated area of code.
(2) (2)(a) A state agency review required under this section shall require the state agency to evaluate each criminal offense described in Subsection (1) and recommend whether the criminal offense:
(2)(a)(i) would benefit from legislative amendment, clarification, or repeal; and
(2)(a)(ii) should have the penalty level increased, reduced, or remain the same.
(2)(b) The review under Subsection (2)(a) shall include the state agency's specific recommendations and reasoning for any recommended statutory changes.
(2)(c) Each state agency shall submit the results of the review required under this section to the commission:
(2)(c)(i) within 30 days after the day on which the review is completed; and
(2)(c)(ii) in the standardized format developed by the commission under Subsection (3).
(3) The commission shall:
(3)(a) develop a standardized format for reporting the information described in Subsection (2);
(3)(b) compile the information that was submitted under Subsection (2); and
(3)(c) annually, on or before October 1, submit a report to the Law Enforcement and Criminal Justice Interim Committee that contains:
(3)(c)(i) the compiled information received for the current year, if any; and
(3)(c)(ii) the names of any agencies that failed to submit a review that was required under this section.
(4) This section does not apply to the Division of Professional Licensing with regard to offenses in Title 58, Chapters 37 through 37e.

Legislative History

Enacted by Chapter 510, 2025 General Session