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S.B. 41
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HATE CRIME AMENDMENTS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: James M. Evans
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LONG TITLE
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General Description:
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This bill amends the Criminal Code by providing enhanced penalties if the defendant
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selects the victim because of the defendant's bias or prejudice toward the victim. This
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bill provides that finding the defendant acted because of a bias or prejudice may not be
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based solely on evidence of a defendant's mere beliefs, associations, or expressions.
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Highlighted Provisions:
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This bill:
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. provides enhanced penalties for offenses if the defendant selects a victim or
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property because of a bias or prejudice;
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. does not allow the trier of fact to base a finding that the defendant acted because of
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a bias or prejudice against the victim solely on evidence of a defendant's mere
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beliefs, expressions, or associations;
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. allows the court to impose alternative sentencing provisions in cases subject to
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enhanced penalties, and requires the court to state its justifying reasons; and
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. allows the court to provide alternative sanctions in cases subject to the enhanced
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penalties.
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Monies 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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76-3-203.4, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-3-203.4
is enacted to read:
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76-3-203.4. Enhanced penalty for crimes motivated by bias or prejudice.
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(1) If the trier of fact finds beyond a reasonable doubt that the defendant, in committing
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an offense, selected the victim or the property primarily because of actual bias or prejudice
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against the victim, as demonstrated by the defendant's actions related to the commission of the
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offense, the enhanced penalty for a:
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(a) class B misdemeanor is a class A misdemeanor;
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(b) class A misdemeanor is a third degree felony;
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(c) third degree felony is a second degree felony;
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(d) second degree felony is a first degree felony; or
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(e) first degree felony remains the penalty for a first degree felony, except:
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(i) imposition or execution of the sentence may not be suspended unless the court finds
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the interests of justice would be best served and states the specific circumstances justifying the
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disposition on the record; and
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(ii) the Board of Pardons and Parole shall consider the finding by the trier of fact that
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the convicted person selected the victim or the property primarily because of actual bias or
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prejudice, as demonstrated by the defendant's actions related to the commission of the offense,
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an aggravating factor in determining the length of incarceration.
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(2) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall cause
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to be subscribed upon the information or indictment notice that it is alleged that the defendant
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is subject to the enhanced penalties provided in Subsection (1).
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(b) The notice under Subsection (2)(a) shall be in a clause separate from and in
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addition to the primary offense charged.
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(3) The trier of fact may not base a finding that the defendant acted because of actual
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bias or prejudice under Subsection (1) solely on one or more of the following, unless the
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evidence is specifically related to the offense for which the defendant was convicted:
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(a) evidence demonstrating the defendant's mere abstract beliefs;
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(b) evidence of the defendant's mere membership in an organization; or
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(c) any evidence of the defendant's expressions or associations.
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(4) As part of any sentence imposed in a case subject to this section, the court may
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impose alternative sanctions as the court finds appropriate.
Legislative Review Note
as of 12-10-03 2:49 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.