Text of UT SB 103 (2019)

S.B. 103 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: E.A. Evans 6 6 01-28-19 11:42 AM 6 S.B. 103 1 VICTIM TARGETING PENALTY ENHANCEMENTS 2 2019 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Daniel W. Thatcher 5 House Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill modifies the Utah Criminal Code regarding sentencing for offenses committed 10 against individuals selected because of certain personal attributes. 11 Highlighted Provisions: 12 This bill: 13 < provides for an enhanced penalty for a criminal offense if the offender acted against 14 an individual because of the offender's perception of the individual's ancestry, 15 disability, ethnicity, gender, gender identity, national origin, race, religion, or sexual 16 orientation; 17 < provides the same enhancement provisions if the criminal offense damages property 18 and the offender acted against the property because of the offender's perception of 19 the property owner's ancestry, disability, ethnicity, gender, gender identity, national 20 origin, race, religion, or sexual orientation; and 21 < provides that this bill does not affect an individual's constitutional right of free 22 speech or any other constitutional rights. 23 Money Appropriated in this Bill: 24 None 25 Other Special Clauses: 26 None 27 Utah Code Sections Affected: *SB0103* S.B. 103 01-28-19 11:42 AM - 2 - 28 ENACTS: 29 76-3-203.14, Utah Code Annotated 1953 30 31 Be it enacted by the Legislature of the state of Utah: 32 Section 1. Section 76-3-203.14 is enacted to read: 33 76-3-203.14. Victim targeting penalty enhancement -- Penalties. 34 (1) An actor is subject to enhanced penalties under Subsection (2) if the actor 35 intentionally selects: 36 (a) the individual against whom the offense is committed in whole or in part because of 37 the actor's belief or perception regarding an individual's ancestry, disability, ethnicity, gender, 38 gender identity, national origin, race, religion, or sexual orientation, or the association of that 39 individual with another individual or group of individuals who have one or more of these 40 characteristics, regardless of whether the actor's belief or perception is correct; or 41 (b) the property damaged or otherwise affected by the offense in whole or in part 42 because of the actor's belief or perception regarding the ancestry, disability, ethnicity, gender, 43 gender identity, national origin, race, religion, or sexual orientation of the property's owner, 44 possessor, or occupant, or the association or relationship of the property's owner, possessor, or 45 occupant with another individual or group of individuals having one or more of these 46 characteristics, regardless of whether the actor's belief or perception is correct. 47 (2) If the trier of fact finds beyond a reasonable doubt that an actor has committed a 48 crime and selected the individual or property in the manner described in Subsection (1), the 49 actor is subject to an enhanced penalty for the offense as follows: 50 (a) a class C misdemeanor is a class B misdemeanor; 51 (b) a class B misdemeanor is a class A misdemeanor; 52 (c) a class A misdemeanor is a third degree felony; 53 (d) a third degree felony is a third degree felony punishable by an indeterminate term of 54 imprisonment for not less than one year nor more than five years; and 55 (e) a second degree felony is a second degree felony punishable by an indeterminate 56 term of imprisonment for not less than two years nor more than fifteen years. 57 (3) If the trier of fact finds beyond a reasonable doubt that the actor has committed a 58 first degree felony and selected the individual or property in the manner described in 01-28-19 11:42 AM S.B. 103 - 3 - 59 Subsection (1), the sentencing judge or the Board of Pardons and Parole shall consider: 60 (a) the actor's selection of the individual or property as an aggravating factor; and 61 (b) whether the penalty for the first degree felony is increased under another provision 62 of state law. 63 (4) This section does not apply to: 64 (a) the actor's selection of a victim because of the victim's gender in the commission of 65 a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or 66 (b) a class B or class C misdemeanor enhanced under Subsection 76-3-203.3(2). 67 (5) This section does not prevent the court from imposing alternative sanctions as the 68 court finds appropriate. 69 (6) This section does not affect or limit any individual's constitutional right to the 70 lawful expression of free speech or other recognized rights secured by the Utah Constitution or 71 the laws of the state, or by the United States Constitution or the laws of the United States. 72 (7) Subsection (1)(a) does not create a special or protected class for any purpose other 73 than a criminal penalty enhancement under this section.

Enrolled Copy S.B. 103 1 VICTIM TARGETING PENALTY ENHANCEMENTS 2 2019 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Daniel W. Thatcher 5 House Sponsor: Lee B. Perry 6 7 LONG TITLE 8 General Description: 9 This bill enacts provisions relating to sentencing for a criminal offense committed 10 against a victim who is selected because of certain personal attributes. 11 Highlighted Provisions: 12 This bill: 13 < defines terms; 14 < provides an enhanced penalty for a criminal offense committed against a victim who 15 is selected because of certain personal attributes; and 16 < provides that this bill does not affect an individual's constitutional rights, including 17 an individual's constitutional right of free speech. 18 Money Appropriated in this Bill: 19 None 20 Other Special Clauses: 21 None 22 Utah Code Sections Affected: 23 ENACTS: 24 76-3-203.14, Utah Code Annotated 1953 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 76-3-203.14 is enacted to read: 28 76-3-203.14. Victim targeting penalty enhancement -- Penalties. 29 (1) As used in this section "personal attribute" means: S.B. 103 Enrolled Copy - 2 - 30 (a) age; 31 (b) ancestry; 32 (c) disability; 33 (d) ethnicity; 34 (e) familial status; 35 (f) gender identity; 36 (g) homelessness; 37 (h) marital status; 38 (i) matriculation; 39 (j) national origin; 40 (k) political expression; 41 (l) race; 42 (m) religion; 43 (n) sex; 44 (o) sexual orientation; 45 (p) service in the U.S. Armed Forces; 46 (q) status as an emergency responder, as defined in Section 53-2b-102; or 47 (r) status as a law enforcement officer, correctional officer, special function officer, or 48 any other peace officer, as defined in Title 53, Chapter 13, Peace Officer Classifications. 49 (2) A defendant is subject to enhanced penalties under Subsection (3) if the defendant 50 intentionally selects: 51 (a) the victim of the criminal offense because of the defendant's belief or perception 52 regarding the victim's personal attribute or a personal attribute of another individual or group of 53 individuals with whom the victim has a relationship; or 54 (b) the property damaged or otherwise affected by the criminal offense because of the 55 defendant's belief or perception regarding the property owner's, possessor's, or occupant's 56 personal attribute or a personal attribute of another individual or group of individuals with 57 whom the property owner, possessor, or occupant has a relationship. Enrolled Copy S.B. 103 - 3 - 58 (3) (a) If the trier of fact finds beyond a reasonable doubt that a defendant committed a 59 criminal offense and selected the victim or property damaged or otherwise affected by the 60 criminal offense in the manner described in Subsection (2), the defendant is subject to an 61 enhanced penalty for the criminal offense as follows: 62 (i) a class C misdemeanor is a class B misdemeanor; 63 (ii) a class B misdemeanor is a class A misdemeanor; 64 (iii) a class A misdemeanor is a third degree felony; 65 (iv) a third degree felony is a third degree felony punishable by an indeterminate term 66 of imprisonment for not less than one year nor more than five years; and 67 (v) a second degree felony is a second degree felony punishable by an indeterminate 68 term of imprisonment for not less than two years nor more than 15 years. 69 (b) If the trier of fact finds beyond a reasonable doubt that a defendant committed a 70 criminal offense that is a first degree felony and selected the victim or property damaged or 71 otherwise affected by the criminal offense in the manner described in Subsection (2), the 72 sentencing judge or the Board of Pardons and Parole shall consider the defendant's selection of 73 the victim or property as an aggravating factor. 74 (4) This section does not: 75 (a) apply if: 76 (i) the penalty for the criminal offense is increased or enhanced under another 77 provision of state law; or 78 (ii) the personal attribute of the victim or property owner, possessor, or occupant is an 79 element of a criminal offense under another provision of state law; 80 (b) prevent the court from imposing alternative sanctions as the court finds appropriate; 81 (c) affect or limit any individual's constitutional right to the lawful expression of free 82 speech or other recognized rights secured by the Utah Constitution or the laws of the state, or 83 by the United States Constitution or the laws of the United States; or 84 (d) create a special or protected class for any purpose other than a criminal penalty 85 enhancement under this section. S.B. 103 Enrolled Copy - 4 - 86 (5) (a) If a final decision of a court of competent jurisdiction holds invalid any 87 provision of this section or the application of any provision of this section to any person or 88 circumstance, the remaining provisions of this section remain effective without the invalidated 89 provision or application. 90 (b) The provisions of this section are severable.