H.B. 151

1

HATE CRIMES AMENDMENTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Litvack
5 This act modifies the Criminal Code by providing for the court's consideration of the
6 defendant's selection of the victim because of the defendant's perception of a group or
7 individual as an aggravating circumstance. This act provides that the defendant's mere
8 beliefs, associations, or expressions may not be considered in the court's evaluation of the
9 weight to give this aggravating circumstance. This act allows the court to impose alternative
10 sentence provisions in cases with this aggravating circumstance. This act repeals the current
11 state "hate crimes" statute.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 76-3-201.5, Utah Code Annotated 1953
15 REPEALS:
16 76-3-203.3, as last amended by Chapter 307, Laws of Utah 2001
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 76-3-201.5 is enacted to read:
19 76-3-201.5. Sentencing -- Victim selected due to defendant's bias -- Aggravating
20 circumstance -- Sentencing options.
21 (1) If the sentencing court finds that the defendant selected the person or property against
22 which he committed the criminal offense because of the actual or perceived race, color, disability,
23 religion, national origin, ancestry, age, gender, or sexual orientation of any individual or group of
24 persons, the court shall when imposing sentence consider this finding as an aggravating
25 circumstance.
26 (2) (a) Prior to or at the time of sentencing, the plaintiff and the defendant may each submit
27 a statement identifying circumstances in aggravation or mitigation or presenting additional facts.

28 (b) If the statement is in writing, it shall be filed with the court and served on the opposing
29 party at least four days prior to the time set for sentencing.
30 (3) (a) In determining the weight to give the aggravating circumstance under Subsection
31 (1) the court may consider the record in the case, the presentence report, other reports, including
32 reports received under Section 76-3-404 regarding diagnostic evaluations, statements in
33 aggravation or mitigation submitted by the prosecution or the defendant, and any further evidence
34 introduced at the sentencing hearing, except as provided under Subsection (3)(b).
35 (b) The court may not consider:
36 (i) evidence demonstrating the defendant's mere abstract beliefs;
37 (ii) evidence of the defendant's mere membership in an organization; or
38 (iii) any evidence of the defendant's expressions or associations, unless the evidence is
39 specifically related to the offense for which the defendant was convicted.
40 (4) (a) The court shall set forth on the record the facts supporting and reasons for the
41 weight the court gives the aggravating circumstance under Subsection (1) in imposing sentence
42 on the defendant.
43 (b) In determining a just sentence, the court shall consider sentencing guidelines regarding
44 aggravating and mitigating circumstances promulgated by the Sentencing Commission.
45 (5) As part of any sentence imposed in a case that includes an aggravating circumstance
46 under Subsection (1), the court may:
47 (a) in consultation with the organization or entity for whom the defendant is to provide the
48 compensatory service, require the defendant to work in a compensatory-service program for not
49 fewer than 24 hours; and
50 (b) participate in a diversity training program designed to provide awareness training and
51 educational services for defendants who commit crimes under the circumstances described in
52 Subsection (1).
53 Section 2. Repealer.
54 This act repeals:
55 Section 76-3-203.3, Penalty for hate crimes -- Civil rights violation.

Legislative Review Note
as of 1-29-02 4:42 PM

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

Office of Legislative Research and General Counsel