S.B. 41

1

HATE CRIME AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: James M. Evans
5
6 LONG TITLE
7 General Description:
8 This bill amends the Criminal Code by providing enhanced penalties if the defendant
9 selects the victim because of the defendant's bias or prejudice toward the victim. This
10 bill provides that finding the defendant acted because of a bias or prejudice may not be
11 based solely on evidence of a defendant's mere beliefs, associations, or expressions.
12 Highlighted Provisions:
13 This bill:
14 . provides enhanced penalties for offenses if the defendant selects a victim or
15 property because of a bias or prejudice;
16 . does not allow the trier of fact to base a finding that the defendant acted because of
17 a bias or prejudice against the victim solely on evidence of a defendant's mere
18 beliefs, expressions, or associations;
19 . allows the court to impose alternative sentencing provisions in cases subject to
20 enhanced penalties, and requires the court to state its justifying reasons; and
21 . allows the court to provide alternative sanctions in cases subject to the enhanced
22 penalties.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 ENACTS:
29 76-3-203.4, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-3-203.4 is enacted to read:
33 76-3-203.4. Enhanced penalty for crimes motivated by bias or prejudice.
34 (1) If the trier of fact finds beyond a reasonable doubt that the defendant, in committing
35 an offense, selected the victim or the property primarily because of actual bias or prejudice
36 against the victim, as demonstrated by the defendant's actions related to the commission of the
37 offense, the enhanced penalty for a:
38 (a) class B misdemeanor is a class A misdemeanor;
39 (b) class A misdemeanor is a third degree felony;
40 (c) third degree felony is a second degree felony;
41 (d) second degree felony is a first degree felony; or
42 (e) first degree felony remains the penalty for a first degree felony, except:
43 (i) imposition or execution of the sentence may not be suspended unless the court finds
44 the interests of justice would be best served and states the specific circumstances justifying the
45 disposition on the record; and
46 (ii) the Board of Pardons and Parole shall consider the finding by the trier of fact that
47 the convicted person selected the victim or the property primarily because of actual bias or
48 prejudice, as demonstrated by the defendant's actions related to the commission of the offense,
49 an aggravating factor in determining the length of incarceration.
50 (2) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall cause
51 to be subscribed upon the information or indictment notice that it is alleged that the defendant
52 is subject to the enhanced penalties provided in Subsection (1).
53 (b) The notice under Subsection (2)(a) shall be in a clause separate from and in
54 addition to the primary offense charged.
55 (3) The trier of fact may not base a finding that the defendant acted because of actual
56 bias or prejudice under Subsection (1) solely on one or more of the following, unless the
57 evidence is specifically related to the offense for which the defendant was convicted:
58 (a) evidence demonstrating the defendant's mere abstract beliefs;

59 (b) evidence of the defendant's mere membership in an organization; or
60 (c) any evidence of the defendant's expressions or associations.
61 (4) As part of any sentence imposed in a case subject to this section, the court may
62 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.

Office of Legislative Research and General Counsel