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5 AN ACT RELATING TO THE CRIMINAL CODE; REVISING THE CRIMINAL PENALTIES
6 FOR COMMISSION OF A CRIME MOTIVATED BY BIAS OR PREJUDICE.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 REPEALS AND REENACTS:
9 76-3-203.3, as enacted by Chapter 102, Laws of Utah 1992
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 76-3-203.3 is repealed and reenacted to read:
12 76-3-203.3. Penalty for hate crimes.
13 (1) A person who, in committing any offense, selects the victim primarily because of bias
14 or prejudice against a group is subject to an enhanced penalty as provided under Subsection (3).
15 (2) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be
16 subscribed upon the information or indictment notice that the defendant is subject to the enhanced
17 penalties provided under Subsection (3). The notice shall be in a clause separate from and in
18 addition to the primary offense charged.
19 (3) If the trier of fact finds beyond a reasonable doubt that the defendant, in committing
20 an offense, selected the victim primarily because of bias or prejudice against a group, the enhanced
21 penalty for a:
22 (a) class B misdemeanor is a class A misdemeanor;
23 (b) class A misdemeanor is a third degree felony;
24 (c) third degree felony is a second degree felony;
25 (d) second degree felony is a first degree felony; or
26 (e) first degree felony remains the penalty for a first degree felony, except:
27 (i) imposition or execution of the sentence may not be suspended unless the court finds
28 the interests of justice would be best served and states the specific circumstances justifying the
29 disposition on the record; and
30 (ii) the Board of Pardons and Parole shall consider that the convicted person selected the
31 victim primarily because of bias or prejudice against a group as an aggravating factor in
32 determining the length of incarceration.
Legislative Review Note
as of 12-15-99 1:39 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.