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H.B. 90 Enrolled
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CRIMINAL PENALTY AMENDMENTS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: David Litvack
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Senate Sponsor:
Karen Hale
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LONG TITLE
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General Description:
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This bill modifies the Criminal Code provisions regarding offenses committed with the
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intent to intimidate or terrorize a person and provides for consideration in sentencing
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regarding offenses that cause public harm.
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Highlighted Provisions:
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This bill:
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. amends the current law regarding the intent to intimidate or terrorize to include
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offenses that have the effect of causing a person to reasonably fear to exercise rights
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under the state and federal constitutions and laws;
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. provides that the listed misdemeanor offenses are increased by one misdemeanor
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level rather than imposing any felony penalty;
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. provides that in sentencing for an offense, the judge or the Board of Pardons and
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Parole shall consider as an aggravating circumstance the effect of the offense in
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causing public harm and community unrest; and
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. clarifies that the provisions of this bill do not affect or limit any exercise of
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constitutional rights, including freedom of expression.
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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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AMENDS:
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76-3-203.3, as last amended by Chapter 274, Laws of Utah 2004
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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
76-3-203.3
is amended to read:
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76-3-203.3. Penalty for hate crimes -- Civil rights violation.
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As used in this section:
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(1) "Primary offense" means those offenses provided in Subsection [(5)] (4).
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(2) (a) A person who commits any primary offense with the intent to intimidate or
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terrorize another person or with reason to believe that his action would intimidate or terrorize
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that person is [guilty of a third degree felony.] subject to Subsection (2)(b).
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(b) (i) A class C misdemeanor primary offense is a class B misdemeanor; and
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(ii) a class B misdemeanor primary offense is a class A misdemeanor.
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(3) "Intimidate or terrorize" means an act which causes the person to fear for his
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physical safety or damages the property of that person or another. The act must be
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accompanied with the intent to cause or has the effect of causing a person to reasonably fear to
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freely exercise or enjoy any right secured by the Constitution or laws of the state or by the
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Constitution or laws of the United States.
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[(4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
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provide notice on the complaint in misdemeanor cases that the defendant is subject to a third
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degree felony provided under this section. The notice shall be in a clause separate from and in
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addition to the substantive offense charged.]
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[(b) If the notice is not included initially, the court may subsequently allow the
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prosecutor to amend the charging document to include the notice if the court finds:]
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[(i) that the amended charging documents, including any statement of probable cause,
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provide notice that the defendant is subject to a third degree felony provided under this section;
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and]
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[(ii) that the defendant has not otherwise been substantially prejudiced by the
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amendment.]
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[(5)] (4) Primary offenses referred to in Subsection [(2)] (1) are the misdemeanor
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offenses for:
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(a) assault and related offenses under Sections
76-5-102
,
76-5-102.4
,
76-5-106
,
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76-5-107
, and
76-5-108
;
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(b) any misdemeanor property destruction offense under Sections
76-6-102
,
76-6-104
,
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and
76-8-714
, and Subsection
76-6-106
(2)(b);
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(c) any criminal trespass offense under Sections
76-6-204
and
76-6-206
;
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(d) any misdemeanor theft offense under Section
76-6-412
;
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(e) any offense of obstructing government operations under Sections
76-8-301
,
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76-8-302
,
76-8-304
,
76-8-305
,
76-8-306
,
76-8-307
,
76-8-308
, and
76-8-313
;
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(f) any offense of interfering or intending to interfere with activities of colleges and
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universities under Title 76, Chapter 8, Part 7;
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(g) any misdemeanor offense against public order and decency as defined in Title 76,
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Chapter 9, Part 1;
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(h) any telephone abuse offense under Title 76, Chapter 9, Part 2;
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(i) any cruelty to animals offense under Section
76-9-301
; and
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(j) any weapons offense under Section
76-10-506
.
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(5) This section does not affect or limit any individual's constitutional right to the
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lawful expression of free speech or other recognized rights secured by the Constitution or laws
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of the state or by the Constitution or laws of the United States.
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Section 2.
Section
76-3-203.4
is enacted to read:
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76-3-203.4. Hate crimes -- Aggravating factors.
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(1) The sentencing judge or the Board of Pardons and Parole shall consider in their
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deliberations as an aggravating factor the public harm resulting from the commission of the
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offense, including the degree to which the offense is likely to incite community unrest or cause
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members of the community to reasonably fear for their physical safety or to freely exercise or
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enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of
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the United States.
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(2) The sentencing judge or the Board of Pardons and Parole shall also consider
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whether the penalty for the offense is already increased by other existing provisions of law.
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(3) This section does not affect or limit any individual's constitutional right to the
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lawful expression of free speech or other recognized rights secured by the Constitution or laws
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of the state or by the Constitution or laws of the United States.
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