H.B. 90 Sexual Offenses Amendments

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Every vote

• 6 yes, 0 no, 5 absentHouse Law Enforcement and Criminal Justice Committee: vote to approve it · Jan 28, 2026Who voted how
• 67 yes, 0 no, 8 absentFinal House vote · Feb 6, 2026Who voted how
• 5 yes, 0 no, 4 absentSenate Judiciary, Law Enforcement, and Criminal Justice Committee: vote to change the bill · Feb 27, 2026Who voted how
• 5 yes, 0 no, 4 absentSenate Judiciary, Law Enforcement, and Criminal Justice Committee: vote to approve it · Feb 27, 2026Who voted how
• 27 yes, 0 no, 2 absentFinal Senate vote · Mar 6, 2026Who voted how
• 60 yes, 1 no, 14 absentHouse vote to accept the other chamber's changes · Mar 6, 2026Who voted how

Hearings and debates

• Jan 28, 2026 House Law Enforcement and Criminal Justice Committee▶ Watch
  Transcript (10 turns)

  1. Committee chair53:37

     Thank you representative. Okay, we'll now move to, um, item number four, house bill 90. Representative Gwynn. I know every meeting. You're welcome.

  2. Rep. Matthew H. Gwynn54:09

     Is this whenever I'm ready, Mr. Chair? Yeah, go ahead. Alright. Right. Thank you. Yeah. All right. So, uh, HB 90 actually comes out of the re cod for most of you. You're aware that we've been working on a reification over the last couple years as it relates to the criminal code. One of the important things to remember about the re cod is none of the changes we have made in the re cod have are so, are have supposed to have been substantive. In other words, they were technical changes only. So a couple of things that we did is because the criminal code has been piecemeal over the years, you would find definitions of certain offenses in different places of the code. You would find various codes being referred to other codes, and it was just an absolute nightmare to read. Uh, penalty provisions wouldn't be in the same place. And so what we did over the last couple years is we have standardized the criminal code to make sure that the definitions of the offenses are located in the same place in each section. The elements of the offenses are located in the same place of each section and so forth. So what we have today would be considered a substantive change, but it was found as a PORs as going through the reification process. And, uh, what it did is it moved four sexual offenses from different areas in the criminal code to part four. Uh, these offenses are enticing a minor sexual battery lewdness lewdness involving a child. Again, because it was a re recall, we could only make technical changes, not substantive changes. Um, and any other statute that referenced the whole sexual offenses part had to exclude these four offenses because it would've required substantive decision making as to whether each reference should include some or all of the offenses. And so what we're doing is we're now bringing the substantive policy portion to the committee. So HB 90 sexual offenses amendments makes these necessary substative decisions by reinserting these four sexual offenses into applicable statutes, which provides more consistency with other sexual offenses. For example, some references of sexual assault, such as in a workplace now include all sex offenses. There are also some instances where the bill intentionally keeps exceptions for some of these statutes. When it makes sense. As an example, the bill would exclude lewdness and lewdness involving a child from references of sexual offenses that would require actual physical contact. Uh, right now under section 76 3 4 0 7, an individual has their conviction for a felony sex offense, not including lewdness and lewdness with a child increased by five years mandatory if the individual has previously been convicted of a sex offense. So, for example, if an individual is convicted now of sex abuse of a child, which is a second degree felony, and previously was convicted of unlock unlawful sexual activity with a child, uh, using virtual reality under section 7 6 5 4 23, they would get five years added to their sentence for the sexual abuse of a child conviction. But right now, if that individual were convicted, uh, previously, they would've been convicted of third degree lewdness and they would not get the increase. So what this really does in short, is it says in these circumstances where you're dealing with repeat habitual offenders, we are now instating enhancements that we all believed already existed. And in fact, they did not. If you have any technical questions, the drafter is here. May you speak to those. If you have any questions related to the policy itself, I'll be happy to answer what I can. That concludes my presentation.

  3. Committee chair57:53

     Thank you, representative. I'll turn to the committee for clarifying questions and one that we've reviewed before. I don't see anything new representative, is there anyone here from the public that would like to speak to this one? Yeah, come on up. Reminder to introduce yourself and who you represent.

  4. Marlesse Jones, Director, Victim Services Commission58:18

     Thank you, Mr. Chair. Marley Jones. I'm the Director of the Victim Services Commission. We are taking a support on this bill. We appreciate the effort and the clarity that has gone into this. And, um, the, the presentation said it perfectly in terms of why we support it. It's important for the victims of these crimes that they are protected and that the public at large are protected as well. So we support it. Thank you.

  5. Committee chair58:43

     Thank you. Okay. Anyone else? I see none. I'll turn to the Committee for discussion or action. Representative Strong?

  6. Rep. Thomas W. Peterson59:05speaker not certain

     Yeah, I move that we should we have any amendments or anything? No. Pass out HB 90 Sexual Offenses Amendments with favorable recommendation.

  7. Committee chair59:15

     That's in order. Would you like to speak to it? Um, no. Okay. Any discussion to the motion? Seeing none, representative.

  8. Rep. Thomas W. Peterson59:25speaker not certain

     I waive. Thank you. Okay,

  9. Committee chair59:28

     go ahead and place the motion then. All those in favor of passing out HB 90 sexual offenses amendments to the floor with favorable recommendations, say aye. Aye. Aye. Aye. Any opposed? Say nay. Unanimous. Thank you, representative. Okay.

  10. Committee chair59:44

      Looks like Representative Moss is caught up in, uh, another hearing at the moment.

• Feb 6, 2026 House floor debate▶ Watch
  Transcript (6 turns)

  1. Reading Clerk46:37

     House Bill 90 sexual offenses amendments by Representative Gwynn. This bill was her in law enforcement and criminal justice with the vote of 6 0 5

  2. Speaker Pro Tem (presiding)46:46

     Representative Gwynn.

  3. Rep. Matthew H. Gwynn46:49

     Thank you Mr. Speaker Pro Tem. So over the last several years, and I know everyone gets really excited when I talk about reification, we have been working on a re codification project and as part of that reification project, we're not supposed to be making substantive policy changes as part of the recon. When we were looking at, um, the sexual offenses portion of the code, we did a recon. And as a part of doing that reification, we learned that there were four different sexual offenses that were actually not listed or identified in the sexual offenses code per se. They were also located in other sections of the code, and by bringing them into the sexual offenses code would've been a substantial policy change. For instance, the four we're talking about is enticing a minor sexual battery lewdness and lewdness involving a child. You're gonna note that there is a fiscal note on this bill and that is because some of these sex offenses are actually not being enhanced for repeat offenders who have been previously convicted of these crimes. That is where that fiscal note is generated from. The other policy impacts is it has, for example, might relate to background investigations where background investigations may have previously referred to the sexual offenses code. It would not have captured these particular, uh, crimes because they weren't actually located originally in the sexual offenses code. And so what this bill does is it says these four offenses need to be moved to the sexual offenses code and then they will be treated and referred to like every other sex offense code that we currently have in the code, and it will bring their sentencing provisions in line with the sentencing provisions of other sexual offenses. That's what this bill does. Mr. Speaker Pro tem.

  4. Speaker Pro Tem (presiding)48:48

     Thank you Representative Gwynn. Discussion to the bill being none Representative Gwynn for summation,

  5. Rep. Matthew H. Gwynn48:55

     I'll waive. Thank you.

  6. Speaker Pro Tem (presiding)48:55

     Submission is waived. Voting is open on house bill 90 sexual offenses amendments, seeing all present, having voted voting will be closed. House bill 90 having received 67 yay votes, zero nay votes passes the house will be transmitted to the Senate for further consideration matter.

• Feb 27, 2026 Senate Judiciary, Law Enforcement, and Criminal Justice Committee▶ Watch
  Transcript (11 turns)

  1. Committee chair1:03:38

     Um, okay, uh, we're gonna go to Representative Gwen, I thought you'd be last on the agenda, but somehow my staff put you first. So I, I appreciate mistakes when they happen. Well, I've always told them to list the bills numerically and numerically your first, so well, I appreciate it. So, house bill 90 sex offense amendments. And if you can please be, uh, brief. Yes.

  2. Rep. Matthew H. Gwynn1:04:04

     Uh, I'm gonna be speaking to succinct this second sub, so I'll need to adopt the second sub. All

  3. Committee chair1:04:08

     Right. We'll do that. When you're done, we understand you're

  4. Rep. Matthew H. Gwynn1:04:10

     presenting the second sub. Correct. Okay. So, uh, as part of the reification, uh, process, a couple years ago when we were reifying the sex offenses code, we found that there was four offenses enticing a minor sexual battery, lewdness and lewdness involving a child that were actually in different parts of the code, but they were not within the sex offenses code itself. And so when we cr we, when we did the reification, because that was technical only, we couldn't actually bring those offenses into the sex offenses code because it would've impacted enhancements, it would've been impacted, uh, licensure background, investigations, those kinds of things. And so we had to wait because that was gonna be a policy shift, even though we think it was the intent of the legislature to include them whenever references were made to the sex offenses code, we don't believe anybody knew that those particular offenses weren't actually listed in there. And so what HB 90 does is it brings those offenses back into the sex offenses code. The reason we have a substitute is, uh, for two reasons. One, because there would be enhancements that, uh, created a significant fiscal note. So we removed the language that created the fiscal note. The fiscal note will be zero. And then two, because there are people that potentially could be impacted or their employment could be impacted, we put in a delayed implementation date so that they, their employers can get those issues resolved. That's really what the bill does. Mr. Chair.

  5. Committee chair1:05:39

     All right. Thank you. I don't see any questions. Are there members of the public that would like to testify in this bill? Raise your hand. No one. Alright, we're gonna close the public hearing and bring it back to the Committee for action. Senator Pitcher.

  6. Sen. Stephanie Pitcher1:05:58

     Thank you. I move that we pass that with a favorable recommendation, hb.

  7. Committee chair1:06:04

     All right. First of all, we need to adopt the second sub. Adopt the sub. Okay. Do you wanna withdraw that motion?

  8. Sen. Stephanie Pitcher1:06:09

     Yes. Okay. Uh, I'd move instead that we adopt the second sub.

  9. Committee chair1:06:12

     Okay. We have motion to adopt the second sub. Any discussion of that motion? Seen none. All in favor say aye. Aye. Aye. Aye. Uh, any opposed? Chair rules? That passes five to zero. Now for another motion.

  10. Sen. Stephanie Pitcher1:06:25

      Thank you. I'll move that we pass that with a favorable recommendation house bill. Uh, 90.

  11. Committee chair1:06:31

      Alright, we have the motion before us. Do you waive? I'll waive. Do you waive? Yes. All right. All in favor say aye. Aye. Aye. Any opposed? Chair that also passes. Five to zero. Congratulations.

• Mar 6, 2026 Senate floor debate▶ Watch
  Transcript (5 turns)

  1. Rep. Matthew H. Gwynn (bill sponsor, presenting)12:48

     Thanks Mr. President. Um, last session with, um, HB 21. It was a criminal code re codification move four sexual offenses into Title 76, chapter five, part four, sexual offenses. Those four offenses are enticing a minor, minor sexual battery, lewdness and lewdness involving a child. Because HB 21 was a reification bill, we could only make technical, not substantive changes. As a result, statutes across Utah Code that references sexual offenses had to exclude these four offenses. Um, this was not necessarily a policy decision, it was just a structural limitation of the record process. So the problem prior to reification, these four offenses were located in different parts of the code. Many statutes that impose additional consequences for sexual offenses referenced only the primary sexual offense or the sexual offenses part. When the offenses were removed, those cross-references did not automatically update to include them. That created inconsistencies where some sexual offenses were treated differently than others simply because of code structure. So what the bill does, HP 90 makes the necessary substantive clar clarification across Utah code and inserts. Um, these four offenses that I described earlier into applicable statutes with the legislature was already determined, had already determined consequences should apply to sexual offenses. It ensures consistency in how sexual offenses are referenced in areas such as background checks, employment and hiring restrictions, professional licensing, uh, definitions of sexual assault and child abuse, public employer requirements, and protective order and registry provisions. In some instances, the bill intentionally maintains, uh, exclusions where it makes some policy sense. For example, certain statutes that require physical contact may still include offenses like lewdness, where appropriate. The bill preserves those distinctions when they are intentional and logical. The bill does not create new sentencing enhancements. It ensures that statutory craw, for instance, align with current organizations of the criminal code. That concludes my presentation. Mr. President. Thank you. Senator Musselman. See no questions. I'm gonna go to you for action.

  2. Sen. Calvin R. Musselman15:13

     Call the question, Mr. President. Thank you.

  3. Sen. J. Stuart Adams (presiding)15:15

     Thank you. And the question is, shall second substitute house bill 90 under suspension? The rules pass. Roll call vote.

  4. Unknown speaker15:23

     Senator Spry Blue in Brammer bus Colmore Escamia Aye. Fillmore Grover Harper Hankins. Ipson Johnson. Quan McKay. Mikel Milner Aye. Musman Aye. Owens pitcher Plum Rebe. Sandal Aye. Stevenson Aye. Stratton Aye. Vickers Aye. Weiler Aye. Wilson. Aye. Winterton, bill Moore. Aye. President Adams Aye.

  5. Sen. J. Stuart Adams (presiding)16:24

     Second substitute house Bill 90, having received 2070 a votes, zero nay votes, two being absent passes his body and will be returned to the house for further will be returned to the house for further consideration. Senator Musselman.

• Mar 6, 2026 House floor debate▶ Watch
  Transcript (11 turns)

  1. Speaker (presiding)3:19:08

     Second substitute house bill 90 Sexual offenses Amendments by Representative Gwynn. Representative Gwynn. Motion to Concur. Motion to Concur. Thank you representative. That motion is in order. Would you like to speak to that motion?

  2. Rep. Matthew H. Gwynn3:19:33

     Nope. 'cause no one told me what they did with it and when I watched it, nothing happened. I don't even know how it got over here. I don't know what changes were made.

  3. Speaker (presiding)3:19:42

     Thank you Representative Gwynn. Let's go to, uh, discussion to that. Let's go to Representative Clancy

  4. Rep. Clancy3:19:48

     Motion. Motion to circle Mr. Speaker. Thank you Representative I that motions, orders I speak to. It just Sounds like we need to figure out what they did.

  5. Speaker (presiding)3:19:56

     Sounds good. Thank you Representative Clancy. Uh, we'll go ahead and place the motion or representative Gwen on the motion to circle.

  6. Rep. Matthew H. Gwynn3:20:03

     Let's do it. I'll get to the bottom of it.

  7. Speaker (presiding)3:20:05

     Thank you representative Gwen. We'll go ahead and place the motion. The motion before the house circle second substitute HB two 90. All in favor say aye. Sorry, a second. Substitute HB 90. All in favor say aye. Any opposed? No. Will that motion passes? The bill's been circled. Let's go to, uh, Representative Teuscher.

  8. Rep. Jordan D. Teuscher3:20:29

     Thank you Mr. Speaker. I move that we recall from the office of, uh, legal research and general counsel HB four 16.

  9. Speaker (presiding)3:20:37

     Thank you representative. That motion is ordered. Would like to speak to it?

  10. Rep. Jordan D. Teuscher3:20:39

      Yeah, there was a substitute that wasn't adopted on the Senate side that we need them to adopt.

  11. Speaker (presiding)3:20:43

      Thank you representative. Let's go ahead and place that motion. The motion, uh, motion before us to the house.

• Mar 6, 2026 House floor debate▶ Watch
  Transcript (7 turns)

  1. Speaker (presiding)3:23:03

     The motion before us the house UNC circle. Uh, second substitute HB 90. All in favor say aye. Aye. Any opposed though that motion passes second substitute. HB 90 is uncircled and before the body for its consideration to you. Representative Gwynn.

  2. Rep. Matthew H. Gwynn3:23:19

     Thank you Mr. Speaker. On my last night here, it would be appropriate for me to eat crow. This was a substitute that was made in the Senate. The note or the bill had a fiscal note. The substitute removed the fiscal note. So I motion to concur.

  3. Speaker (presiding)3:23:34

     Thank you Representative. Uh, the motion before is the House concur with second sub second substitute on HB 90. Uh, would you like to speak to that motion representative gr

  4. Rep. Matthew H. Gwynn3:23:45

     I just did. Thank you Mr. Speaker.

  5. Speaker (presiding)3:23:46

     Thank You Representative Gwynn. We'll go ahead and or discussion to the motion to concur with the Senate amendments on second substitute HB 90. See none Will go ahead and place that motion. All in favor say aye. A. Any opposed? No. Will that motion passes?

  6. Speaker (presiding)3:24:03

     Voting will now be open for final passage on second substitute HB 90. Representative Joseph Edon. Would you like to vote? Seeing all present having voted voting is now closed.

  7. Speaker (presiding)3:25:47

     Second substitute HB 90 passes this body with 60 yes votes. One no vote and will be sent to this, uh, Senate for the signature of the president. Madam Meeting Clerk