Bill > HB0091

This bill amends Utah's law regarding how courts determine an individual's eligibility for indigent defense services by modifying the existing criteria for indigency. Under the proposed changes, a court will continue to find an individual indigent if their income is at or below 150% of the federal poverty level or if they lack sufficient resources to pay for legal counsel without depriving themselves or their family of basic necessities. The bill introduces a new presumption of indigency for individuals who are incarcerated for at least 10 consecutive days, which would automatically qualify them for indigent defense services. The bill maintains existing provisions that prevent individuals from deliberately transferring assets to become eligible for these services and preserves the court's flexibility to determine indigency based on various factors such as personal property, debt, dependents, and potential legal expenses. Additionally, the bill clarifies that a court can make an indigency determination at any time and is not strictly limited by the completeness of an indigency affidavit. The bill is set to take effect on May 6, 2026, providing ample time for legal systems to prepare for the new guidelines.

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https://le.utah.gov/~2026/bills/static/HB0091.html