Text of UT HB 187 (2024)
Limitation on Special Mitigation Based on Victim Identity
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As introduced
2,226 characters
H.B. 187
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 01-05-24 4:34 PM 6
H.B. 187
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LIMITATION ON DEFENSES BASED ON VICTIM
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IDENTITY
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2024 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Sahara Hayes
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Senate Sponsor: ____________
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LONG TITLE
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General Description:
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This bill limits the use of a criminal defense based on a victim's sexual orientation or
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gender identity.
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Highlighted Provisions:
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This bill:
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defines terms;
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prohibits an actor from using a victim's sexual orientation or gender identity:
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C
to defend, excuse, or justify an actor's conduct in committing a criminal offense;
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or
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C
to mitigate the severity of or sentence for an actor's criminal offense; and
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makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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76-2-310, Utah Code Annotated 1953
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*HB0187*
H.B. 187
01-05-24 4:34 PM
- 2 -
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-2-310 is enacted to read:
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76-2-310. Limitation on defense based on victim's sexual orientation or gender
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identity.
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(1) As used in this section:
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(a) "Gender identity" means the actual or perceived gender-related identity, expression,
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appearance, behavior, or other gender-related characteristic of an individual, regardless of the
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individual's physiology or assigned sex at birth.
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(b) "Sexual orientation" means an individual's actual or perceived enduring pattern of
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emotional, romantic, or sexual attraction to men, women, or both.
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(2) An actor may not use the actor's perception or misperception of a victim's sexual
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orientation or gender identity, including the actor's perception or misperception of a nonviolent
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romantic or sexual advance made by a victim toward the actor:
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(a) to defend, excuse, or justify the actor's conduct in committing a criminal offense; or
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(b) to mitigate the severity of or sentence for the actor's criminal offense.
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Section 2. Effective date.
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This bill takes effect on May 1, 2024.