H.B. 274 Enrolled

1

VIOLENT CRIME IN PRESENCE OF A
2 CHILD
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Janice M. Fisher
6 Senate Sponsor: Ross I. Romero
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding aggravating factors to be considered by
11 the judge or the Board of Pardons and Parole.
12 Highlighted Provisions:
13 This bill:
14 . provides that the sentencing judge or the Board of Pardons and Parole shall consider
15 the defendant's commission of a violent offense in the presence of a child 14 years
16 of age or younger as an aggravating factor and clarifies that this provision does not
17 affect any other provision regarding judicial discretion; and
18 . provides definitions.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 76-3-203.9, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-3-203.9 is enacted to read:
29 76-3-203.9. Violent offense committed in presence of a child -- Aggravating factor.

30 (1) As used in this section:
31 (a) "In the presence of a child" means:
32 (i) in the physical presence of a child younger than 14 years of age; or
33 (ii) having knowledge that a child younger than 14 years of age is present and may see
34 or hear a violent criminal offense.
35 (b) "Violent criminal offense" means any criminal offense involving violence or
36 physical harm or threat of violence or physical harm, or any attempt to commit a criminal
37 offense involving violence or physical harm.
38 (2) The sentencing judge or the Board of Pardons and Parole shall consider as an
39 aggravating factor in their deliberations that the defendant committed the violent criminal
40 offense in the presence of a child.
41 (3) The sentencing judge or the Board of Pardons and Parole shall also consider
42 whether the penalty for the offense is already increased by other existing provisions of law.
43 (4) This section does not affect or limit any individual's constitutional right to the
44 lawful expression of free speech or other recognized rights secured by the Constitution or laws
45 of Utah or by the Constitution or laws of the United States.
46 (5) This section does not affect or restrict the exercise of judicial discretion under any
47 other provision of Utah law.