Download Zipped Introduced WP 8.0 HB0044S1.ZIP 10,062 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]

First Substitute H.B. 44

Senator Lyle W. Hillyard proposes to substitute the following bill:


             1     
MURDER AND MANSLAUGHTER AMENDMENTS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: David L. Gladwell

             5      AN ACT RELATING TO CRIMINAL LAW; PROVIDING AFFIRMATIVE DEFENSES TO
             6      CERTAIN HOMICIDE AND ATTEMPTED HOMICIDE OFFENSES; RESTRUCTURING THE
             7      MANSLAUGHTER STATUTE TO REFLECT THESE CHANGES; AND PROVIDING
             8      PROCEDURE AND LIMITATIONS REGARDING THE DEFENSES.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          76-5-202, as last amended by Chapter 11, Laws of Utah 1997
             12          76-5-203, as last amended by Chapter 123, Laws of Utah 1996
             13          76-5-205, as last amended by Chapter 177, Laws of Utah 1985
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 76-5-202 is amended to read:
             16           76-5-202. Aggravated murder.
             17          (1) Criminal homicide constitutes aggravated murder if the actor intentionally or
             18      knowingly causes the death of another under any of the following circumstances:
             19          (a) the homicide was committed by a person who is confined in a jail or other correctional
             20      institution;
             21          (b) the homicide was committed incident to one act, scheme, course of conduct, or
             22      criminal episode during which two or more persons were killed, or during which the actor
             23      attempted to kill one or more persons in addition to the victim who was killed;
             24          (c) the actor knowingly created a great risk of death to a person other than the victim and
             25      the actor;


             26          (d) the homicide was committed while the actor was engaged in the commission of, or an
             27      attempt to commit, or flight after committing or attempting to commit, aggravated robbery,
             28      robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon
             29      a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, child
             30      abuse of a child under the age of 14 years, as otherwise defined in Subsection 76-5-109 (2)(a), or
             31      aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated
             32      kidnaping, kidnaping, or child kidnaping;
             33          (e) the homicide was committed for the purpose of avoiding or preventing an arrest of the
             34      defendant or another by a peace officer acting under color of legal authority or for the purpose of
             35      effecting the defendant's or another's escape from lawful custody;
             36          (f) the homicide was committed for pecuniary or other personal gain;
             37          (g) the defendant committed, or engaged or employed another person to commit the
             38      homicide pursuant to an agreement or contract for remuneration or the promise of remuneration
             39      for commission of the homicide;
             40          (h) the actor was previously convicted of aggravated murder, murder, or of a felony
             41      involving the use or threat of violence to a person. For the purpose of this subsection an offense
             42      committed in another jurisdiction, which if committed in Utah would be punishable as aggravated
             43      murder or murder, is considered aggravated murder or murder;
             44          (i) the homicide was committed for the purpose of:
             45          (i) preventing a witness from testifying;
             46          (ii) preventing a person from providing evidence or participating in any legal proceedings
             47      or official investigation;
             48          (iii) retaliating against a person for testifying, providing evidence, or participating in any
             49      legal proceedings or official investigation; or
             50          (iv) disrupting or hindering any lawful governmental function or enforcement of laws;
             51          (j) the victim is or has been a local, state, or federal public official, or a candidate for
             52      public office, and the homicide is based on, is caused by, or is related to that official position, act,
             53      capacity, or candidacy;
             54          (k) the victim is or has been a peace officer, law enforcement officer, executive officer,
             55      prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation
             56      officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by,


             57      or is related to that official position, and the actor knew, or reasonably should have known, that
             58      the victim holds or has held that official position;
             59          (l) the homicide was committed by means of a destructive device, bomb, explosive,
             60      incendiary device, or similar device which was planted, hidden, or concealed in any place, area,
             61      dwelling, building, or structure, or was mailed or delivered;
             62          (m) the homicide was committed during the act of unlawfully assuming control of any
             63      aircraft, train, or other public conveyance by use of threats or force with intent to obtain any
             64      valuable consideration for the release of the public conveyance or any passenger, crew member,
             65      or any other person aboard, or to direct the route or movement of the public conveyance or
             66      otherwise exert control over the public conveyance;
             67          (n) the homicide was committed by means of the administration of a poison or of any
             68      lethal substance or of any substance administered in a lethal amount, dosage, or quantity;
             69          (o) the victim was a person held or otherwise detained as a shield, hostage, or for ransom;
             70          (p) the actor was under a sentence of life imprisonment or a sentence of death at the time
             71      of the commission of the homicide; or
             72          (q) the homicide was committed in an especially heinous, atrocious, cruel, or exceptionally
             73      depraved manner, any of which must be demonstrated by physical torture, serious physical abuse,
             74      or serious bodily injury of the victim before death.
             75          (2) Aggravated murder is a capital offense.
             76          (3) (a) It is an affirmative defense to a charge of aggravated murder or attempted
             77      aggravated murder that the defendant caused the death of another or attempted to cause the death
             78      of another:
             79          (i) under the influence of extreme emotional distress for which there is a reasonable
             80      explanation or excuse; or
             81          (ii) under a reasonable belief that the circumstances provided a legal justification or excuse
             82      for his conduct although the conduct was not legally justifiable or excusable under the existing
             83      circumstances.
             84          (b) Under Subsection (3)(a)(i), emotional distress does not include:
             85          (i) a condition resulting from mental illness as defined in Section 76-2-305 ; or
             86          (ii) distress that is substantially caused by the defendant's own conduct.
             87          (c) The reasonableness of an explanation or excuse under Subsection (3)(a)(i) or the


             88      reasonable belief of the actor under Subsection (3)(a)(ii) shall be determined from the viewpoint
             89      of a reasonable person under the then existing circumstances.
             90          (d) This affirmative defense reduces charges only as follows:
             91          (i) aggravated murder to murder; and
             92          (ii) attempted aggravated murder to attempted murder.
             93          Section 2. Section 76-5-203 is amended to read:
             94           76-5-203. Murder.
             95          (1) Criminal homicide constitutes murder if the actor:
             96          (a) intentionally or knowingly causes the death of another;
             97          (b) intending to cause serious bodily injury to another commits an act clearly dangerous
             98      to human life that causes the death of another;
             99          (c) acting under circumstances evidencing a depraved indifference to human life engages
             100      in conduct which creates a grave risk of death to another and thereby causes the death of another;
             101          (d) while in the commission, attempted commission, or immediate flight from the
             102      commission or attempted commission of aggravated robbery, robbery, rape, object rape, forcible
             103      sodomy, or aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary,
             104      aggravated kidnapping, kidnapping, child kidnapping, rape of a child, object rape of a child,
             105      sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of
             106      a child, or child abuse, as defined in Subsection 76-5-109 (2)(a), when the victim is younger than
             107      14 years of age, causes the death of another person other than a party as defined in Section
             108      76-2-202 ; [or]
             109          (e) recklessly causes the death of a peace officer while in the commission or attempted
             110      commission of:
             111          (i) an assault against a peace officer as defined in Section 76-5-102.4 ; or
             112          (ii) interference with a peace officer while making a lawful arrest as defined in Section
             113      76-8-305 if the actor uses force against a peace officer[.]; or
             114          (f) commits a homicide which would be aggravated murder, but the offense is reduced
             115      pursuant to Subsection 76-5-202 (3).
             116          (2) Murder is a first degree felony.
             117          (3) (a) It is an affirmative defense to a charge of murder or attempted murder that the
             118      defendant caused the death of another or attempted to cause the death of another:


             119          (i) under the influence of extreme emotional distress for which there is a reasonable
             120      explanation or excuse; or
             121          (ii) under a reasonable belief that the circumstances provided a legal justification or excuse
             122      for his conduct although the conduct was not legally justifiable or excusable under the existing
             123      circumstances.
             124          (b) Under Subsection (3)(a)(i) emotional distress does not include:
             125          (i) a condition resulting from mental illness as defined in Section 76-2-305 ; or
             126          (ii) distress that is substantially caused by the defendant's own conduct.
             127          (c) The reasonableness of an explanation or excuse under Subsection (3)(a)(i) or the
             128      reasonable belief of the actor under Subsection (3)(a)(ii) shall be determined from the viewpoint
             129      of a reasonable person under the then existing circumstances.
             130          (d) This affirmative defense reduces charges only as follows:
             131          (i) murder to manslaughter; and
             132          (ii) attempted murder to attempted manslaughter.
             133          Section 3. Section 76-5-205 is amended to read:
             134           76-5-205. Manslaughter.
             135          (1) Criminal homicide constitutes manslaughter if the actor:
             136          (a) recklessly causes the death of another; or
             137          [(b) causes the death of another under the influence of extreme emotional disturbance for
             138      which there is a reasonable explanation or excuse; or]
             139          [(c) causes the death of another under circumstances where the actor reasonably believes
             140      the circumstances provide a legal justification or excuse for his conduct although the conduct is
             141      not legally justifiable or excusable under the existing circumstances.]
             142          [(2) Under Subsection (1) (b), emotional disturbance does not include a condition resulting
             143      from mental illness as defined in Section 76-2-305 .]
             144          [(3) The reasonableness of an explanation or excuse under Subsection (1) (b), or the
             145      reasonable belief of the actor under Subsection (1) (c), shall be determined from the viewpoint of
             146      a reasonable person under the then existing circumstances.]
             147          (b) commits a homicide which would be murder, but the offense is reduced pursuant to
             148      Subsection 76-5-203 (3).
             149          [(4)] (2) Manslaughter is a felony of the second degree.


[Bill Documents][Bills Directory]