Text of UT HB 50 (2005)

LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: S.C. Allred 6 6 01-04-05 7:36 AM 6 H.B. 50 *HB0050* 1 CRIMINAL PENALTY AMENDMENT 2 2005 GENERAL SESSION 3 STATE OF UTAH 4 Sponsor: David Litvack 5 6 LONG TITLE 7 General Description: 8 This bill modifies the Criminal Code by providing enhanced penalties if the defendant 9 selects a victim because of the defendant's bias or prejudice. 10 Highlighted Provisions: 11 This bill: 12 < defines the enhanced penalties and defines the term "bias or prejudice"; 13 < provides that a finding of bias or prejudice may not be based solely on evidence of 14 the defendant's mere beliefs, associations, or expressions, unless admissible under 15 the Rules of Evidence; 16 < allows the court, in its discretion, to impose alternative sentencing provisions in 17 cases subject to the enhanced penalties; and 18 < repeals the current statute commonly referred to as the hate crimes statute. 19 Monies Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 This bill provides a severability clause. 23 Utah Code Sections Affected: 24 ENACTS: 25 76-3-203.4, Utah Code Annotated 1953 26 REPEALS: 27 76-3-203.3, as last amended by Chapter 274, Laws of Utah 2004 H.B. 50 01-04-05 7:36 AM 28 29 Be it enacted by the Legislature of the state of Utah: 30 Section 1. Section 76-3-203.4 is enacted to read: 31 76-3-203.4. Penalty for crimes motivated by bias or prejudice. 32 (1) If the trier of fact finds beyond a reasonable doubt that the defendant, in committing 33 an offense, intentionally selected the victim or the property primarily because of the defendant's 34 actual bias or prejudice, a: 35 (a) class B misdemeanor is a class A misdemeanor; 36 (b) class A misdemeanor is a third degree felony; 37 (c) third degree felony is a second degree felony; 38 (d) second degree felony is a first degree felony; and 39 (e) first degree felony remains the penalty for a first degree felony, except: 40 (i) imposition or execution of the sentence may not be suspended unless the court finds 41 the interests of justice would be best served by the suspension and states the specific 42 circumstances justifying the disposition on the record; and 43 (ii) the Board of Pardons and Parole shall consider the finding by the trier of fact that 44 the convicted person selected the victim primarily because of the defendant's actual bias or 45 prejudice as an aggravating factor in determining the length of incarceration. 46 (2) In all cases, notice that the defendant is alleged to be subject to the enhanced 47 penalties provided in Subsection (1) shall be provided in writing and shall be served upon the 48 defendant or his attorney not later than ten days prior to trial. 49 (3) The trier of fact may not base a finding that the defendant acted because of actual 50 bias or prejudice under Subsection (1) solely on one or more of the following, unless the 51 evidence is admissible under the Utah Rules of Evidence, Rule 404: 52 (a) evidence demonstrating the defendant's mere abstract beliefs; 53 (b) evidence of the defendant's mere membership in an organization; or 54 (c) evidence of the defendant's associations. 55 (4) This section does not prevent the court from imposing alternative sanctions as the 56 court finds appropriate to the defendant's case. 57 (5) This section does not create any legal status or right not already in existence in 58 statute or common law. - 2 - 01-04-05 7:36 AM H.B. 50 59 (6) As used in this section, "bias or prejudice" means intentionally selecting the victim 60 based on perceived or actual attributes that include, but are not limited to, race, color, 61 disability, religion, sexual orientation, national origin, ancestry, age, or gender. 62 Section 2. Repealer. 63 This bill repeals: 64 Section 76-3-203.3, Penalty for hate crimes -- Civil rights violation. 65 Section 3. Severability clause. 66 If any provision of this bill or the application of any provision of this bill to any person 67 or circumstance is held invalid, the remainder of this bill shall be given effect without the 68 invalid provision or application. Legislative Review Note as of 11-27-04 2:28 PM Based on a limited legal review, this legislation has not been determined to have a high probability of being held unconstitutional. Office of Legislative Research and General Counsel - 3 -