H.B. 99 Bigamy Offense Amendments

Bill Sponsor:

Rep. Noel, Michael E.
  • Drafting Attorney: Esther D. Chelsea-McCarty
  • Fiscal Analyst: Gary R. Syphus




  • 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


H.B. 99

1     
BIGAMY OFFENSE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate 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
27     person 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.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
12/20/2016 Bill Numbered but not DistributedLegislative Research and General Counsel
12/20/2016 Numbered Bill Publicly DistributedLegislative Research and General Counsel
1/5/2017 House/ received bill from Legislative ResearchClerk of the House
1/18/2017 House/ received fiscal note from Fiscal AnalystClerk of the House
1/23/2017 House/ 1st reading (Introduced)House Rules Committee
1/25/2017 House/ to standing committeeHouse Judiciary Committee
2/1/2017 House Comm - HeldHouse Judiciary Committee12 0 0
2/7/2017 House Comm - Substitute Recommendation from # 0 to # 1House Judiciary Committee8 2 2
2/7/2017 House Comm - Amendment Recommendation # 2House Judiciary Committee10 0 2
2/7/2017 House Comm - Favorable RecommendationHouse Judiciary Committee7 3 2
2/8/2017 (11:11:58 AM)House/ comm rpt/ substituted/ amendedHouse Judiciary Committee
2/8/2017 (11:11:59 AM)House/ 2nd readingHouse 3rd Reading Calendar for House bills
2/10/2017 LFA/ fiscal note publicly availableHouse 3rd Reading Calendar for House bills
2/21/2017 (11:36:53 AM)House/ 3rd readingHouse 3rd Reading Calendar for House bills
2/21/2017 (11:37:33 AM)House/ circledHouse 3rd Reading Calendar for House billsVoice vote
2/23/2017 (11:31:47 AM)House/ uncircledHouse 3rd Reading Calendar for House billsVoice vote
2/23/2017 (12:22:07 PM)House/ passed 3rd readingSenate Secretary48 25 2
2/23/2017 (12:22:09 PM)House/ to SenateSenate Secretary
2/23/2017 Senate/ received from HouseWaiting for Introduction in the Senate
2/23/2017 Senate/ 1st reading (Introduced)Senate Rules Committee
3/9/2017 Senate/ Rules to 2nd Reading CalendarSenate 2nd Reading Calendar
3/9/2017 (11:32:09 PM)Senate/ 2nd & 3rd readings/ suspensionSenate 2nd Reading Calendar
3/9/2017 (11:55:01 PM)Senate/ passed 2nd & 3rd readings/ suspensionSenate President15 14 0
3/9/2017 (11:55:02 PM)Senate/ signed by President/ returned to HouseHouse Speaker
3/9/2017 (11:55:03 PM)Senate/ to HouseHouse Speaker
3/10/2017 House/ received from SenateHouse Speaker
3/10/2017 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/10/2017 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/10/2017 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/17/2017 Enrolled Bill Returned to House or SenateClerk of the House
3/17/2017 House/ enrolled bill to PrintingClerk of the House
3/17/2017 House/ to GovernorExecutive Branch - Governor
3/28/2017 Governor SignedLieutenant Governor's office for filing