Second Substitute H.B. 238

Representative Duane E. Bourdeaux proposes to substitute the following bill:

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.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 76-3-203.7, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-3-203.7 is enacted to read:
14 76-3-203.7. Increase of sentence for violent felony if body armor used.
15 (1) As used in this section:
16 (a) "Body armor" means any material designed or intended to provide bullet penetration
17 resistance or protection from bodily injury caused by a dangerous weapon.
18 (b) "Dangerous weapon" has the same definition as in Section 76-1-601 .
19 (c) "Violent felony" has the same definition as in Section 76-3-203.5 .
20 (2) A person convicted of a violent felony may be sentenced to imprisonment for an
21 indeterminate term, as provided in Section 76-3-203 , but if the trier of fact finds beyond a
22 reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used
23 or wore body armor, with the intent to facilitate the commission of the violent felony, and the
24 violent felony is:
25 (a) a first degree felony, the court shall sentence the person convicted for a term of not less

26 than six years, and which may be for life;
27 (b) a second degree felony, the court shall sentence the person convicted for a term of not
28 less than two years nor more than 15 years, and the court may sentence the person convicted for
29 a term of not less than two years nor more than 20 years; and
30 (c) a third degree felony, the court shall sentence the person convicted for a term of not
31 less than one year nor more than five years, and the court may sentence the person convicted for
32 a term of not less than one year nor more than ten years.