H.B. 99 Bigamy Offense Amendments
Bill Sponsor: Rep. Noel, Michael E. | Floor Sponsor: Sen. Van Tassell, Kevin T. |
- Drafting Attorney: Esther D. Chelsea-McCarty
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
- Amended
- Enrolled (Currently Displayed)
- Other Versions
- Related Documents
- Information
- Last Action: 28 Mar 2017, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 9 May 2017
- Session Law Chapter: 442
- Sections Affected
Enrolled
Printer FriendlyH.B. 99
1 BIGAMY OFFENSE AMENDMENTS
22017 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Michael E. Noel
5Senate Sponsor: Kevin T. Van Tassell
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding the offense of bigamy.
10 Highlighted Provisions:
11 This bill:
12 ▸ revises the definitions of bigamy and child bigamy.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 76-7-101, as last amended by Laws of Utah 1997, Chapter 296
20 76-7-101.5, as enacted by Laws of Utah 2003, Chapter 6
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-7-101 is amended to read:
24 76-7-101. Bigamy -- Penalty -- Defense.
25 (1) A person is guilty of bigamy when, knowing [he] the person has a husband or wife
26 or knowing the other person has a husband or wife, the person purports to marry [another
27person or cohabits with another] and cohabitates with the other person.
28 (2) Bigamy is a third degree felony [of the third degree].
29 (3) Bigamy is a second degree felony if the accused is also convicted during the same
30 prosecution of the following:
31 (a) inducing marriage or bigamy under false pretenses;
32 (b) fraud;
33 (c) domestic abuse;
34 (d) child abuse;
35 (e) sexual abuse;
36 (f) human trafficking; or
37 (g) human smuggling.
38 [(3)] (4) It [shall be] is a defense to bigamy that:
39 (a) the accused reasonably believed [he] the accused and the other person were legally
40 eligible to [remarry.] marry;
41 (b) the accused is a person who, under reasonable fear of coercion or bodily harm, left
42 a bigamous relationship as defined in Subsection (1);
43 (c) the accused is a minor who left a bigamous relationship as defined in Subsection
44 (1); or
45 (d) the accused has taken steps to protect the safety and welfare of any minor child of a
46 bigamous relationship.
47 Section 2. Section 76-7-101.5 is amended to read:
48 76-7-101.5. Child bigamy -- Penalty.
49 (1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she
50 has a wife or husband, or knowing that a person under 18 years of age has a wife or husband,
51 the actor carries out the following with the person who is under 18 years of age:
52 (a) purports to marry the person who is under 18 years of age; [or] and
53 (b) [cohabits] cohabitates with the person who is under 18 years of age.
54 (2) A violation of Subsection (1) is a second degree felony.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding the offense of bigamy.
10 Highlighted Provisions:
11 This bill:
12 ▸ revises the definitions of bigamy and child bigamy.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 76-7-101, as last amended by Laws of Utah 1997, Chapter 296
20 76-7-101.5, as enacted by Laws of Utah 2003, Chapter 6
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-7-101 is amended to read:
24 76-7-101. Bigamy -- Penalty -- Defense.
25 (1) A person is guilty of bigamy when, knowing [
26 or knowing the other person has a husband or wife, the person purports to marry [
27
28 (2) Bigamy is a third degree felony [
29 (3) Bigamy is a second degree felony if the accused is also convicted during the same
30 prosecution of the following:
31 (a) inducing marriage or bigamy under false pretenses;
32 (b) fraud;
33 (c) domestic abuse;
34 (d) child abuse;
35 (e) sexual abuse;
36 (f) human trafficking; or
37 (g) human smuggling.
38 [
39 (a) the accused reasonably believed [
40 eligible to [
41 (b) the accused is a person who, under reasonable fear of coercion or bodily harm, left
42 a bigamous relationship as defined in Subsection (1);
43 (c) the accused is a minor who left a bigamous relationship as defined in Subsection
44 (1); or
45 (d) the accused has taken steps to protect the safety and welfare of any minor child of a
46 bigamous relationship.
47 Section 2. Section 76-7-101.5 is amended to read:
48 76-7-101.5. Child bigamy -- Penalty.
49 (1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she
50 has a wife or husband, or knowing that a person under 18 years of age has a wife or husband,
51 the actor carries out the following with the person who is under 18 years of age:
52 (a) purports to marry the person who is under 18 years of age; [
53 (b) [
54 (2) A violation of Subsection (1) is a second degree felony.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
12/20/2016 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
12/20/2016 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/5/2017 | House/ received bill from Legislative Research | Clerk of the House | |
1/18/2017 | House/ received fiscal note from Fiscal Analyst | Clerk of the House | |
1/23/2017 | House/ 1st reading (Introduced) | House Rules Committee | |
1/25/2017 | House/ to standing committee | House Judiciary Committee | |
2/1/2017 | House Comm - Held | House Judiciary Committee | 12 0 0 |
2/7/2017 | House Comm - Substitute Recommendation from # 0 to # 1 | House Judiciary Committee | 8 2 2 |
2/7/2017 | House Comm - Amendment Recommendation # 2 | House Judiciary Committee | 10 0 2 |
2/7/2017 | House Comm - Favorable Recommendation | House Judiciary Committee | 7 3 2 |
2/8/2017 (11:11:58 AM) | House/ comm rpt/ substituted/ amended | House Judiciary Committee | |
2/8/2017 (11:11:59 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/10/2017 | LFA/ fiscal note publicly available | House 3rd Reading Calendar for House bills | |
2/21/2017 (11:36:53 AM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
2/21/2017 (11:37:33 AM) | House/ circled | House 3rd Reading Calendar for House bills | Voice vote |
2/23/2017 (11:31:47 AM) | House/ uncircled | House 3rd Reading Calendar for House bills | Voice vote |
2/23/2017 (12:22:07 PM) | House/ passed 3rd reading | Senate Secretary | 48 25 2 |
2/23/2017 (12:22:09 PM) | House/ to Senate | Senate Secretary | |
2/23/2017 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/23/2017 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
3/9/2017 | Senate/ Rules to 2nd Reading Calendar | Senate 2nd Reading Calendar | |
3/9/2017 (11:32:09 PM) | Senate/ 2nd & 3rd readings/ suspension | Senate 2nd Reading Calendar | |
3/9/2017 (11:55:01 PM) | Senate/ passed 2nd & 3rd readings/ suspension | Senate President | 15 14 0 |
3/9/2017 (11:55:02 PM) | Senate/ signed by President/ returned to House | House Speaker | |
3/9/2017 (11:55:03 PM) | Senate/ to House | House Speaker | |
3/10/2017 | House/ received from Senate | House Speaker | |
3/10/2017 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/10/2017 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/10/2017 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/17/2017 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/17/2017 | House/ enrolled bill to Printing | Clerk of the House | |
3/17/2017 | House/ to Governor | Executive Branch - Governor | |
3/28/2017 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings