Mr. President:
The Judiciary, Law Enforcement, and Criminal Justice Committee reports a favorable
recommendation on S.B. 150, CRIMINAL PENALTIES REVISIONS, by Senator S. Jenkins,
with the following amendments:
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.
Respectfully,
Gregory S. Bell
Voting: 5-0-2
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:
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convicted of, and punished for, the separate offense;
and
}
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:
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None
}
This bill provides an immediate effective date.
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:
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76-5-202, as last amended by Laws of Utah 2007, Chapters 275, 340, and 345
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:
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convicted of, and punished for, the separate offense.
76-5-203
.
Murder.
(1) As used in this section, "predicate offense" means:
(a) a violation of Section
58-37d-4
or
58-37d-5
, Clandestine Drug Lab Act;
(b) child abuse, under Subsection
76-5-109
(2)(a), when the victim is younger than 18 years of age;
(c) kidnapping under Section
76-5-301
;
(d) child kidnapping under Section
76-5-301.1
;
(e) aggravated kidnapping under Section
76-5-302
;
(f) rape of a child under Section
76-5-402.1
;
(g) object rape of a child under Section
76-5-402.3
;
(h) sodomy upon a child under Section
76-5-403.1
;
(i) forcible sexual abuse under Section
76-5-404
;
(j) sexual abuse of a child or aggravated sexual abuse of a child under Section
76-5-404.1
;
(k) rape under Section
76-5-402
;
(l) object rape under Section
76-5-402.2
;
(m) forcible sodomy under Section
76-5-403
;
(n) aggravated sexual assault under Section
76-5-405
;
(o) arson under Section
76-6-102
;
(p) aggravated arson under Section
76-6-103
;
(q) burglary under Section
76-6-202
;
(r) aggravated burglary under Section
76-6-203
;
(s) robbery under Section
76-6-301
;
(t) aggravated robbery under Section
76-6-302
;
(u) escape or aggravated escape under Section
76-8-309
; or
(v) a felony violation of Subsection
76-10-508
(2) regarding discharge of a firearm or dangerous
weapon.
(2) Criminal homicide constitutes murder if:
(a) the actor intentionally or knowingly causes the death of another;
(b) intending to cause serious bodily injury to another, the actor commits an act clearly dangerous
to human life that causes the death of another;
(c) acting under circumstances evidencing a depraved indifference to human life, the actor
knowingly engages in conduct which creates a grave risk of death to another and thereby causes the death
of another;
(d) (i) the actor is engaged in the commission, attempted commission, or immediate flight from the
commission or attempted commission of any predicate offense, or is a party to the predicate offense;
(ii) a person other than a party as defined in Section
76-2-202
is killed in the course of the
commission, attempted commission, or immediate flight from the commission or attempted commission
of any predicate offense; and
(iii) the actor acted with the intent required as an element of the predicate offense;
(e) the actor recklessly causes the death of a peace officer while in the commission or attempted
commission of:
(i) an assault against a peace officer under Section
76-5-102.4
; or
(ii) interference with a peace officer while making a lawful arrest under Section
76-8-305
if the
actor uses force against a peace officer;
(f) commits a homicide which would be aggravated murder, but the offense is reduced pursuant to
Subsection
76-5-202
(4); or
(g) the actor commits aggravated murder, but special mitigation is established under Section
76-5-205.5
.
(3) (a) Murder is a first degree felony.
(b) A person who is convicted of murder shall be sentenced to imprisonment for an indeterminate
term of not less than 15 years and which may be for life.
(4) (a) It is an affirmative defense to a charge of murder or attempted murder that the defendant
caused the death of another or attempted to cause the death of another:
(i) under the influence of extreme emotional distress for which there is a reasonable explanation or
excuse; or
(ii) under a reasonable belief that the circumstances provided a legal justification or excuse for his
conduct although the conduct was not legally justifiable or excusable under the existing circumstances.
(b) Under Subsection (4)(a)(i) emotional distress does not include:
(i) a condition resulting from mental illness as defined in Section
76-2-305
; or
(ii) distress that is substantially caused by the defendant's own conduct.
(c) The reasonableness of an explanation or excuse under Subsection (4)(a)(i) or the reasonable
belief of the actor under Subsection (4)(a)(ii) shall be determined from the viewpoint of a reasonable
person under the then existing circumstances.
(d) This affirmative defense reduces charges only as follows:
(i) murder to manslaughter; and
(ii) attempted murder to attempted manslaughter.
(b) A person who is convicted of murder, based on a predicate offense described in Subsection
(1) that constitutes a separate offense, may also be convicted of, and punished for, the separate
offense.
76-8-316
.
Influencing, impeding, or retaliating against a judge or member of the Board of
Pardons and Parole.
(1) A person is guilty of a third degree felony if the person threatens to assault, kidnap, or murder a
judge or a member of the Board of Pardons and Parole with the intent to impede, intimidate, or interfere
with the judge or member of the board while engaged in the performance of the judge's or member's
official duties or with the intent to retaliate against the judge or member on account of the performance
of those official duties.
(2) A person is guilty of a second degree felony if the person commits an assault on a judge or a
member of the Board of Pardons and Parole with the intent to impede, intimidate, or interfere with the
judge or member of the board while engaged in the performance of the judge's or member's official
duties, or with the intent to retaliate against the judge or member on account of the performance of those
official duties.
(3) A person is guilty of a first degree felony if the person commits aggravated assault or attempted
murder on a judge or a member of the Board of Pardons and Parole with the purpose to impede,
intimidate, or interfere with the judge or member of the board while engaged in the performance of the
judge's or member's official duties or with the purpose to retaliate against the judge or member on
account of the performance of those official duties.
(4) As used in this section:
(a) "Immediate family" means parents, spouse, surviving spouse, children, and siblings of the
officer.
(b) "Judge" means judges of all courts of record and courts not of record and court commissioners.
(c) "Judge or member" includes the members of the judge's or member's immediate family.
(d) "Member of the Board of Pardons and Parole" means appointed members of the board.
(5) A member of the Board of Pardons and Parole is an executive officer for purposes of Subsection
76-5-202
(1)
(k)
}
(m)
.
If approved by two-thirds of all members elected to each house, this bill takes effect upon
Committee Chair
3 SB0150.SC1.wpd jdhowe/JDH TRV/MDA 1/25/08 4:08 pm
Bill Number