Text of UT HB 68 (2004)

LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: S.C. Allred 6 6 02-19-04 4:13 PM 6 H.B. 68 2nd Sub. (Gray) *HB0068S02* Representative Chad E. Bennion proposes the following substitute bill: 1 CRIMINAL PENALTY AMENDMENT 2 2004 GENERAL SESSION 3 STATE OF UTAH 4 Sponsor: David Litvack 5 6 LONG TITLE 7 General Description: 8 This bill amends the Criminal Code by providing that if the court finds that the 9 defendant selected the victim because of the defendant's bias or prejudice, the court 10 shall consider this fact in sentencing. This bill provides that finding the defendant acted 11 because of a bias or prejudice may not be based solely on evidence of a defendant's 12 mere beliefs, associations, or expressions, except as they are relevant to the offense and 13 admissible under the Utah Rules of Evidence. 14 Highlighted Provisions: 15 This bill: 16 < provides that the court, in imposing a sentence may consider if the defendant selects 17 a victim or property because of a bias or prejudice; 18 < does not allow the trier of fact to base a finding that the defendant acted because of 19 a bias or prejudice against the victim solely on evidence of a defendant's mere 20 beliefs, expressions, or associations; and 21 < allows the court to impose alternative sentencing provisions. 22 Monies Appropriated in this Bill: 23 None 24 Other Special Clauses: 25 None 2nd Sub. (Gray) H.B. 68 02-19-04 4:13 PM - 2 - 26 Utah Code Sections Affected: 27 ENACTS: 28 76-3-203.4, Utah Code Annotated 1953 29 30 Be it enacted by the Legislature of the state of Utah: 31 Section 1. Section 76-3-203.4 is enacted to read: 32 76-3-203.4. Enhanced penalty for crimes motivated by bias or prejudice. 33 (1) (a) If the trier of fact finds beyond a reasonable doubt that the defendant, in 34 committing an offense, selected the victim or the property primarily because of actual bias or 35 prejudice, the court may take this finding into account when sentencing the defendant. 36 (b) The Board of Pardons and Parole shall consider the finding by the trier of fact that 37 the convicted person selected the victim or the property primarily because of actual bias or 38 prejudice as an aggravating factor in determining the length of incarceration. 39 (2) The trier of fact may not base a finding that the defendant acted because of actual 40 bias or prejudice under Subsection (1) solely on one or more of the following, unless the 41 evidence is relevant to the offense and admissible under the Utah Rules of Evidence: 42 (a) evidence demonstrating the defendant's mere abstract beliefs; 43 (b) evidence of the defendant's mere membership in an organization; or 44 (c) any evidence of the defendant's expressions or associations. 45 (3) As part of any sentence imposed in a case under this section, the court may impose 46 alternative sanctions as the court finds appropriate.