The Senate Judiciary, Law Enforcement and Criminal Justice Standing Committee on Tuesday adopted a third substitute to Senate Bill 90 and voted to favorably recommend the measure to the full Senate.

The third substitute narrows earlier language and ties mandatory short jail sentences to two conditions: a prior criminal reentry conviction and at least one previous criminal conviction. Sponsor Senator Curt Musselman said the intent is to target “a very specific set of individuals and their actions” — people who have been deported and repeatedly return and who are linked to organized criminal activity.

“We're targeting specifically those who are clearly connected to organized crime,” Musselman said. He described law enforcement reporting that included an individual deported 11 times and said those repeat reentries suggest cartel involvement. Musselman said the measure is not intended to impose mandatory prison sentences for violent offenders already subject to longer terms, nor to target people seeking refuge who lack prior convictions.

The committee accepted a motion to delete the title and body of the original SB 90 and replace them with the third substitute. The substitute’s title was changed from “unlawful presence criminal enhancement amendments” to “mandatory jail sentence amendments.” The committee later voted to favorably recommend the third substitute.

During the public hearing, four people testified. Marlise Jones, director of the Victim Services Commission, said the commission supports “tightening the process involving these repeat offenders through illegal entry and then coming back and engaging in criminal activity.” Hiram Gonzalez of Comunidad de Unidas said the third substitute better targets “those who are in this specific group of people that could potentially harm the community.” Opponents included Lisa Hazel, who said the bill “targets immigrants” and would send a harmful message to communities; Liz Marion of the Salt Lake Community Bail Fund urged the committee to oppose the bill, calling the assumption that prior deportation implies violent or organized-crime involvement “a racist theory that does not have sufficient evidence.” Musselman responded during debate that “this is very targeted” and not a broad attack on immigrants.

Committee discussion focused on whether the measure is properly an enhancement and how it fits with other bills the committee had held the prior week. Senator Musselman moved that the committee favorably recommend the third substitute. After discussion, the committee recorded the recommendation with two members voting no.

The measure advances to the Senate with a committee recommendation; a final tally at the committee vote recorded the motion to favorably recommend as approved with four votes in favor and two opposed. The bill will proceed to the Senate calendar and could be addressed there in coming weeks.

Background and context: Musselman and other supporters framed the change as an attempt to stop a “revolving door” of deportation and reentry by requiring a jail term in situations where judges now sometimes impose no jail time. He said the cartel-driven costs to reenter can range from roughly $5,000 to $15,000 and that repeated reentry is an indicator, in his view, of organized-crime involvement. Opponents urged caution about mandatory sentencing and warned against broad application to immigrant communities.

Votes and next steps: The committee substituted the bill earlier in the hearing (substitute motion adopted) and later voted to favorably recommend third substitute SB 90 to the full Senate (committee result recorded as approved, 4–2).