H.B. 17

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AGGRAVATED KIDNAPING AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Perry Buckner
5 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE OFFENSE OF
6 AGGRAVATED KIDNAPING TO INCLUDE KIDNAPING UNDER SPECIFIED
7 CIRCUMSTANCES, INCLUDING USE OF A WEAPON.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-3-202, as last amended by Chapters 20 and 392, Laws of Utah 1997
11 76-5-302, as last amended by Chapter 40, Laws of Utah 1996
12 77-27-7, as last amended by Chapter 100, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-3-202 is amended to read:
15 76-3-202. Paroled persons -- Termination or discharge from sentence -- Time served
16 on parole -- Discretion of Board of Pardons and Parole.
17 (1) Except as otherwise provided in this section, every person committed to the state prison
18 to serve an indeterminate term and later released on parole shall, upon completion of three years
19 on parole outside of confinement and without violation, be terminated from his sentence unless
20 the person is earlier terminated by the Board of Pardons and Parole. Any person who violates the
21 terms of his parole, while serving parole, shall at the discretion of the Board of Pardons and Parole
22 be recommitted to prison to serve the portion of the balance of his term as determined by the Board
23 of Pardons and Parole, but not to exceed the maximum term.
24 (2) Every person convicted of a second degree felony for violating Section 76-5-404 or
25 76-5-404.1, or attempting to violate any of those sections, upon completion of ten years parole
26 outside of confinement and without violation, shall be terminated from his sentence unless the
27 person is earlier terminated by the Board of Pardons and Parole. Any person who violates the

1 terms of his parole, while serving parole, shall at the discretion of the Board of Pardons and Parole
2 be recommitted to prison to serve the portion of the balance of his term as determined by the Board
3 of Pardons and Parole, but not to exceed the maximum term.
4 (3) Every person convicted of a first degree felony for violating Section 76-5-301.1,
5 Subsection [76-5-302(1)(e)] 76-5-302(1)(b)(v), Section 76-5-402, 76-5-402.1, 76-5-402.2,
6 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting to violate any of those
7 sections, shall complete a term of lifetime parole outside of confinement and without violation
8 unless the person is earlier terminated by the Board of Pardons and Parole. Any person who
9 violates the terms of his parole, while serving parole, shall at the discretion of the Board of
10 Pardons and Parole be recommitted to prison to serve the portion of the balance of his term as
11 determined by the Board of Pardons and Parole, but not to exceed the maximum term.
12 (4) In order for a parolee convicted on or after May 5, 1997, to be eligible for early
13 termination from parole, the parolee must provide:
14 (a) evidence to the Board of Pardons and Parole that the parolee has completed high school
15 classwork and has obtained a high school graduation diploma, a GED certificate, or a vocational
16 certificate; or
17 (b) documentation of the inability to obtain one of the items listed in Subsection (a)
18 because of:
19 (i) a diagnosed learning disability; or
20 (ii) other justified cause.
21 (5) Any person paroled following a former parole revocation may not be discharged from
22 his sentence until either:
23 (a) he has served three years or ten years as provided in Subsection (2) on parole outside
24 of confinement and without violation, or in the case of a person convicted of a first degree felony
25 violation of Section 76-5-301.1, Subsection [76-5-302(1)(e)] 76-5-302(1)(b)(v), Section 76-5-402,
26 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting
27 to violate any of those sections, lifetime parole outside of confinement and without violation;
28 (b) his maximum sentence has expired; or
29 (c) the Board of Pardons and Parole so orders.
30 (6) (a) All time served on parole, outside of confinement and without violation constitutes
31 service of the total sentence but does not preclude the requirement of serving a three-year, ten-year,

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1 or lifetime parole term, as the case may be, outside of confinement and without violation.
2 (b) Any time a person spends outside of confinement after commission of a parole
3 violation does not constitute service of the total sentence unless the person is exonerated at a
4 hearing to revoke the parole.
5 (c) Any time spent in confinement awaiting a hearing before the Board of Pardons and
6 Parole or a decision by the board concerning revocation of parole constitutes service of the
7 sentence. In the case of exoneration by the board, the time spent shall be included in computing
8 the total parole term.
9 (7) When any parolee without authority from the Board of Pardons and Parole absents
10 himself from the state or avoids or evades parole supervision, the period of absence, avoidance,
11 or evasion tolls the parole period.
12 (8) While on parole, time spent in confinement outside the state may not be credited
13 toward the service of any Utah sentence. Time in confinement outside the state for a conviction
14 obtained in another jurisdiction shall toll the expiration of the Utah sentence.
15 (9) This section does not preclude the Board of Pardons and Parole from paroling or
16 discharging an inmate at any time within the discretion of the Board of Pardons and Parole unless
17 otherwise specifically provided by law.
18 (10) The parolee may petition the Board of Pardons and Parole for termination of lifetime
19 parole as provided by Section 76-3-202 in the case of a person convicted of a first degree felony
20 violation Section 76-5-301.1, Subsection [76-5-302(1)(e)] 76-5-302(1)(b)(v), Section 76-5-402,
21 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting
22 to violate any of those sections.
23 Section 2. Section 76-5-302 is amended to read:
24 76-5-302. Aggravated kidnaping.
25 (1) A person commits aggravated kidnaping if the person intentionally or knowingly,
26 without authority of law and against the will of the victim, by any means and in any manner,
27 seizes, confines, detains, or transports the victim:
28 (a) and in committing, attempting to commit, or in the immediate flight after the attempt
29 or commission of the kidnaping, the actor possess, uses, or threatens to use a dangerous weapon
30 as defined in Section 76-1-601; or
31 (b) with intent:

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1 [(a)] (i) to hold for ransom or reward, or as a shield or hostage, or to compel a third person
2 to engage in particular conduct or to forbear from engaging in particular conduct;
3 [(b)] (ii) to facilitate the commission, attempted commission, or flight after commission
4 or attempted commission of a felony;
5 [(c)] (iii) to inflict bodily injury on or to terrorize the victim or another;
6 [(d)] (iv) to interfere with the performance of any governmental or political function; or
7 [(e)] (v) to commit a sexual offense as described in Part 4 of this chapter.
8 (2) A detention or moving is deemed to be the result of force, threat, or deceit if the victim
9 is mentally incompetent or younger than 16 years and the detention or moving is accomplished
10 without the effective consent of the victim's custodial parent, guardian, or person acting in loco
11 parentis to the victim.
12 (3) Aggravated kidnaping is a first degree felony punishable by imprisonment for an
13 indeterminate term of not less than 6, 10, or 15 years and which may be for life. Imprisonment is
14 mandatory in accordance with Section 76-3-406.
15 Section 3. Section 77-27-7 is amended to read:
16 77-27-7. Parole or hearing dates -- Interview -- Hearings -- Report of alienists --
17 Mental competency.
18 (1) The Board of Pardons and Parole shall determine within six months after the date of
19 an offender's commitment to the custody of the Department of Corrections, for serving a sentence
20 upon conviction of a felony or class A misdemeanor offense, a date upon which the offender shall
21 be afforded a hearing to establish a date of release or a date for a rehearing, and shall promptly
22 notify the offender of the date.
23 (2) Before reaching a final decision to release any offender under this chapter, the chair
24 shall cause the offender to appear before the board, its panel, or any appointed hearing officer, who
25 shall personally interview the offender to consider his fitness for release and verify as far as
26 possible information furnished from other sources. Any offender may waive a personal
27 appearance before the board. Any offender outside of the state shall, if ordered by the board,
28 submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction in which the
29 offender is housed in lieu of an appearance before the board. The offender shall be promptly
30 notified in writing of the board's decision.
31 (3) In the case of an offender convicted of violating or attempting to violate any of the

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1 provisions of Section 76-5-301.1, Subsection [76-5-302(1)(e)] 76-5-302(1)(b)(v), Sections
2 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, and
3 76-5-405, the chair shall appoint one or more alienists who shall examine the offender within six
4 months prior to a hearing at which an original parole date is granted on any offense listed in this
5 subsection. The alienists shall report in writing the results of the examination to the board prior
6 to the hearing. The report of the appointed alienists shall specifically address the question of the
7 offender's current mental condition and attitudes as they relate to any danger the offender may pose
8 to children or others if the offender is released on parole.
9 (4) The parolee may petition the board for termination of lifetime parole as provided in
10 Section 76-3-202 in the case of a person convicted of a first degree felony violation or convicted
11 of attempting to violate Section 76-5-301.1, Subsection [76-5-302(1)(e)] 76-5-302(1)(b)(v),
12 Sections 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, and
13 76-5-405.
14 (5) In any case where an offender's mental competency is questioned by the board, the
15 chair shall appoint one or more alienists to examine the offender and report in writing to the board,
16 specifically addressing the issue of competency.
17 (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
18 board shall make rules governing:
19 (a) the hearing process;
20 (b) alienist examination; and
21 (c) parolee petitions for termination of parole.




Legislative Review Note
as of 12-9-97 1:47 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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