76-1-405. Subsequent prosecution not barred -- Circumstances.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Homicide offense" means an offense for:

(i)aggravated murder, as described in Section 76-5-202 ;

(ii)murder, as described in Section 76-5-203 ;

(iii)manslaughter, as described in Section 76-5-205 ;

(iv)negligent homicide, as described in Section 76-5-206 ;

(v)automobile homicide, as described in Section 76-5-207 ;

(vi)child abuse homicide, as described in Section 76-5-208 ; or

(vii)homicide by assault, as described in Section 76-5-209 .

(b)"Serious bodily injury" means the same as that term is defined in Section 76-1-101.5 .

(2)Notwithstanding Sections 76-1-401 and 76-1-404 , a subsequent prosecution for an offense is not barred if:

(a)the former prosecution was procured by the defendant without the knowledge of the prosecuting attorney bringing the subsequent prosecution and with intent to avoid the sentence that might otherwise be imposed;

(b)the former prosecution resulted in a judgment of guilt held invalid in a subsequent proceeding on writ of habeas corpus, coram nobis, or similar collateral attack; or

(i)the former prosecution was for an offense that resulted in serious bodily injury to an individual;

(ii)the subsequent prosecution is for a homicide offense because the individual died from the serious bodily injury and the serious bodily injury was the proximate cause of the individual's death;

(iii)the individual died after the former prosecution concluded with a conviction or a dismissal if the dismissal was without prejudice; and

(iv)except as provided in Subsection

(3), the individual died within 10 years after the day on which the former prosecution concluded with the conviction or dismissal.

(3)Subsection (2)(c)(iv) is not required when bringing a subsequent prosecution under Subsection (2)(c) if the former prosecution resulted in a conviction or dismissal for:

(a)attempted aggravated murder, as described in Subsection 76-4-102(1)(a)(ii) ;

(b)attempted murder, as described in Section 76-4-102(1)(c) ;

(c)aggravated child abuse that is a first degree felony, as described in Section 76-5-109.2 ; or

(d)child torture, as described in Section 76-5-109.4 .

(4)A prosecuting attorney may not prosecute a defendant in a subsequent prosecution under Subsection (2)(c) for any other offense other than a homicide offense.

(a)Notwithstanding Section 76-3-406 , when sentencing a defendant convicted of a homicide offense in a subsequent prosecution as described in Subsection (2)(c) , the court may reduce the minimum term that a defendant is statutorily required to serve in prison before becoming eligible for parole if:

(i)the defendant was convicted of an offense in the former prosecution and served a prison sentence for the conviction;

(ii)the court determines that it would be in the interest of justice to reduce the minimum term that the defendant is statutorily required to serve in prison before becoming eligible for parole for the homicide offense; and

(iii)the amount of time that the court reduces the minimum term of the sentence is no greater than the amount of time that the defendant was in custody for the prison sentence described in Subsection (5)(a)(i) .

(b)The court may not grant probation, or suspend the execution of a defendant's sentence, under Subsection (5)(a) .

(6)When a defendant is sentenced to a term of imprisonment for a conviction under Subsection (2)(c) , the Board of Pardons and Parole may provide credit for any time served in prison for a conviction in the former prosecution toward the term of imprisonment for the subsequent conviction.

Amended by Chapter 257 , 2026 General Session