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First Substitute S.B. 34
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5 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE DEFINITION OF HATE
6 CRIMES; PROVIDING ADDITIONAL DEFINITIONS; PROVIDING ENHANCED
7 PENALTIES FOR FELONIES COMMITTED AS HATE CRIMES; AND CLARIFYING
8 BURDEN OF PROOF.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-10-202, as renumbered and amended by Chapter 263, Laws of Utah 1998
12 76-3-203.3, as enacted by Chapter 102, Laws of Utah 1992
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53-10-202 is amended to read:
15 53-10-202. Criminal identification -- Duties of bureau -- Crime reporting system.
16 (1) As used in this section:
17 (a) "Health care facility" includes:
18 (i) general acute hospitals, psychiatric hospitals, and specialty hospitals;
19 (ii) home health agencies, hospices, skilled nursing facilities, intermediate care facilities,
20 intermediate care facilities for the mentally retarded; and residential health care or assisted living
21 facilities;
22 (iii) maternity homes or birthing centers, free standing ambulatory surgical facilities, small
23 health care facilities, and abortion clinics;
24 (iv) facilities owned or operated by health maintenance organizations;
25 (v) renal disease treatment facilities, including free standing hemodialysis units;
26 (vi) the offices of private physicians or dentists, whether for individual or group practice;
27 and
28 (vii) any other health care facility which provides essentially the same services as any of
29 the facilities, clinics, or agencies listed in this Subsection (1)(a).
30 (b) "Health care provider" has the same definition as provided in Section 26-33a-102 .
31 (c) "Mental or physical disability" means the victim has:
32 (i) a condition of physical or mental incapacitation due to a developmental disability,
33 organic brain damage, or mental illness; and
34 (ii) one or more physical or mental limitations that restrict the victim's ability to perform
35 the normal activities of daily living.
36 (d) "Religious facility" means a building, including a church, synagogue, mosque, temple,
37 sweat lodge, or other building:
38 (i) that is set apart primarily for the purpose of worship or religious instruction;
39 (ii) in which religious services are held;
40 (iii) with which clergy is associated; and
41 (vi) the main body of which is kept for that use and not put to any other use inconsistent
42 with its primary purpose.
43 (e) "Sexual orientation" means consensual homosexuality or heterosexuality.
44 (2) The bureau shall:
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46 who:
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48 [
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50 nation; and
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52 offense;
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54 [
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56 (A) race, religion, ancestry, national origin, ethnicity, [
57 mental or physical disability, activity or identification as a health care provider;
58 (B) a building being a religious facility or a health care facility; or
59 (C) other categories that the division finds appropriate; and
60 [
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62 under this part;
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64 dissemination of data obtained under this part;
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66 Subsection (2)(b), concerning the extent, fluctuation, distribution, and nature of crime in Utah;
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68 persons, which may include:
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71 enforcement agency having jurisdiction;
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73 the register; and
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75 in furthering the purposes of this part;
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77 entities likely to be instrumental in the identification and location of missing persons;
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79 missing persons lists;
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81 persons and reports of sightings of missing persons;
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83 other agencies to facilitate the identification and location of missing persons and the identification
84 of unidentified persons and bodies;
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86 and 53A-11-502 , and stolen vehicles, vessels, and outboard motors, as provided in Section
87 41-1a-1401 ;
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89 the division to facilitate law enforcement; and
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91 revolver, as provided in Section 76-10-520 .
92 (3) Subsection (2)(b)(ii) does not create a cause of action or a right to bring an action, and
93 does not limit any existing cause of action or right to bring an action.
94 Section 2. Section 76-3-203.3 is amended to read:
95 76-3-203.3. Penalty for hate crimes -- Civil rights violation.
96 (1) As used in this section:
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98 (a) "Health care facility" includes:
99 (i) general acute hospitals, psychiatric hospitals, and specialty hospitals;
100 (ii) home health agencies, hospices, skilled nursing facilities, intermediate care facilities,
101 intermediate care facilities for the mentally retarded; and residential health care or assisted living
102 facilities;
103 (iii) maternity homes or birthing centers, free standing ambulatory surgical facilities, small
104 health care facilities, and abortion clinics;
105 (iv) facilities owned or operated by health maintenance organizations;
106 (v) renal disease treatment facilities, including free standing hemodialysis units;
107 (vi) the offices of private physicians or dentists, whether for individual or group practice;
108 and
109 (vii) any other health care facility which provides essentially the same services as any of
110 the facilities, clinics, or agencies listed in this Subsection (1)(a).
111 (b) "Health care provider" has the same definition as provided in Section 26-33a-102 .
112 (c) "Mental or physical disability" means the victim has:
113 (i) a condition of physical or mental incapacitation due to a developmental disability,
114 organic brain damage, or mental illness; and
115 (ii) one or more physical or mental limitations that restrict the victim's ability to perform
116 the normal activities of daily living.
117 (d) "Sexual orientation" means consensual homosexuality or heterosexuality.
118 (2) (a) A person is guilty of a third degree felony who commits any [
119 offense [
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121 Subsection (5) because of the actual or perceived:
122 (i) race, religion, national origin, color, gender, sexual orientation, ethnicity, or mental or
123 physical disability of any person;
124 (ii) actions, employment, or representations of a person as a health care provider;
125 (iii) function of a building as a health care facility or as a religious facility; or
126 (iv) role of any person as a volunteer, employee, client, or patient of a health care facility
127 or as a volunteer, employee, or member of any religion.
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132 (b) This Subsection (2) does not create any separate offense but provides an enhanced
133 penalty for the primary offense.
134 (c) The enhanced penalties under this Subsection (2) apply if the trier of fact finds beyond
135 a reasonable doubt that the defendant committed the offense because of the actual or perceived
136 race, religion, national origin, color, gender, sexual orientation, ethnicity, or mental or physical
137 disability of any person.
138 (3) (a) A person is subject to an enhanced penalty for an offense as provided in Subsection
139 (3)(b) if the person commits or attempts to commit a felony because of the actual or perceived:
140 (i) race, religion, national origin, color, gender, sexual orientation, ethnicity, or mental or
141 physical disability of any person;
142 (ii) actions, employment, or representations of a person as a health care provider;
143 (iii) function of a building as a health care facility or as a religious facility; or
144 (iv) role of any person as a volunteer, employee, or client or patient of a health care facility
145 or as a volunteer, employee, or member of any religion.
146 (b) (i) If the offense is a third degree felony, the convicted person shall be sentenced to an
147 enhanced minimum term of between one and three years in prison.
148 (ii) If the offense is a second degree felony, the convicted person shall be sentenced to an
149 enhanced minimum term of between two and four years in prison.
150 (iii) If the offense is a first degree felony, the convicted person shall be sentenced to an
151 enhanced minimum term of between five and eight years in prison.
152 (iv) If the offense is a capital offense for which a life sentence is imposed, the convicted
153 person shall be sentenced to a minimum term of 20 years in prison.
154 (c) The sentencing judge rather than the jury shall decide whether to impose the enhanced
155 penalty under this Subsection (3). The imposition of the penalty is contingent upon a finding by
156 the sentencing judge by a preponderance of the evidence that this Subsection (3) is applicable. In
157 conjunction with sentencing the court shall enter written findings of fact concerning the
158 applicability of this section.
159 (d) The court may suspend the imposition or execution of the enhanced sentence required
160 under this Subsection (3) if the court:
161 (i) finds that the interests of justice would be best served; and
162 (ii) states the specific circumstances justifying the disposition on the record.
163 (e) Enhanced penalties under this Subsection (3) do not apply if a greater enhanced penalty
164 is applicable to the offense under Title 76, Chapter 5, Part 4, Sexual Offenses.
165 (4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
166 notice on the complaint in misdemeanor cases or on the information or indictment in felony cases
167 that the defendant is subject to:
168 (i) the enhancement of a misdemeanor to a third degree felony [
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170 (ii) the enhanced penalty for a felony under Subsection (3).
171 (b) The notice shall be in a clause separate from and in addition to the substantive offense
172 charged.
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174 prosecutor to amend the charging document to include the notice if the court finds:
175 (i) that the amended charging documents, including any statement of probable cause,
176 provide notice [
177 as required in Subsection (4)(a); and
178 (ii) that the defendant has not otherwise been substantially prejudiced by the amendment.
179 (5) [
180 for:
181 (a) assault and related offenses under Sections 76-5-102 , 76-5-102.4 , 76-5-106 , 76-5-107 ,
182 and 76-5-108 ;
183 (b) any misdemeanor property destruction offense under Sections 76-6-102 , 76-6-104 , and
184 76-8-714 , and Subsection 76-6-106 (1)(b);
185 (c) any criminal trespass offense under Sections 76-6-204 and 76-6-206 ;
186 (d) any misdemeanor theft offense under Section 76-6-412 ;
187 (e) any offense of obstructing government operations under Sections 76-8-301 , 76-8-302 ,
188 76-8-304 , 76-8-305 , 76-8-307 , 76-8-308 , and 76-8-313 and Subsections 76-8-306 (1)(a) through
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190 (f) any offense of interfering or intending to interfere with activities of colleges and
191 universities under Title 76, Chapter 8, Part 7, Colleges and Universities;
192 (g) any misdemeanor offense against public order and decency as defined in Title 76,
193 Chapter 9, Part 1, Breaches of the Peace and Related Offenses;
194 (h) any telephone abuse offense under Title 76, Chapter 9, Part 2, Telephone Abuse;
195 (i) any cruelty to animals offense under Section 76-9-301 ; and
196 (j) any weapons offense under Section 76-10-506 .
197 (6) Intent under this section may not be proven solely by the defendant's abstract beliefs
198 or his membership in an organization.
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