H.B. 238

1

CRIMINAL PENALTY FOR COMMITTING
2 OFFENSE WHEN USING BODY ARMOR
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Duane E. Bourdeaux
6 This act modifies the Criminal Code to provide an increased sentence for a person convicted
7 of a violent felony if the person used a dangerous weapon and body armor in commission of
8 the felony. The act also prohibits possession of body armor by persons who have been
9 convicted of a violent felony.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 76-3-203.7, Utah Code Annotated 1953
13 76-10-2401, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-3-203.7 is enacted to read:
16 76-3-203.7. Increase of sentence for violent felony if body armor used.
17 (1) As used in this section:
18 (a) "Body armor" means any material designed or intended to provide bullet penetration
19 resistance or protection from bodily injury caused by a dangerous weapon.
20 (b) "Dangerous weapon" has the same definition as in Section 76-1-601 .
21 (c) "Violent felony" has the same definition as in Section 76-3-203.5 .
22 (2) A person convicted of a violent felony may be sentenced to imprisonment for an
23 indeterminate term as provided by law, but if the trier of fact finds beyond a reasonable doubt that
24 the defendant used, carried, or possessed a dangerous weapon and used or wore body armor, with
25 the intent to facilitate the commission of the violent felony, the court shall additionally sentence
26 the person convicted for a term of imprisonment of three years, to run consecutively and not
27 concurrently.

28 Section 2. Section 76-10-2401 is enacted to read:
29 Part 24. Prohibitions on Use of Body Armor
30 76-10-2401. Person convicted of violent felony may not possess body armor.
31 (1) As used in this section:
32 (a) "Body armor" means any material designed or intended to provide bullet penetration
33 resistance or protection from bodily injury caused by a dangerous weapon.
34 (b) "Violent felony" has the same definition as in Section 76-3-203.5 .
35 (2) (a) A person who has been convicted of a violent felony may not possess or own body
36 armor.
37 (b) A violation of this Subsection (2) is a class A misdemeanor.




Legislative Review Note
as of 1-8-01 1:46 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel