H.B. 85

This document includes House Floor Amendments incorporated into the bill on Fri, Feb 28, 2003 at 8:12 AM by kholt. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 28, 2003 at 9:13 AM by kholt. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 28, 2003 at 9:21 AM by kholt. --> 1

HATE CRIMES AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Litvack
5 This act modifies the Criminal Code by providing for enhanced penalties due to the
6 defendant's selection of the victim because of the defendant's bias or prejudice toward a
7 group. This act also defines group. This act provides that the trier of fact may not base a
8 finding that the defendant acted because of a bias or prejudice solely on evidence of a
9 defendant's mere beliefs, associations, or expressions. This act allows the court to impose
10 alternative sentencing provisions in cases subject to the enhanced penalties. This act
11 repeals the current state "hate crimes" statute.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 76-3-203.4, Utah Code Annotated 1953
15 REPEALS:
16 76-3-203.3, as last amended by Chapter 166, Laws of Utah 2002
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 76-3-203.4 is enacted to read:
19 76-3-203.4. Penalty for crimes motivated by bias or prejudice.
20 (1) If the trier of fact finds beyond a reasonable doubt that the defendant, in committing
21 an offense, selected the victim or the property primarily because of actual bias or prejudice
22 against a group, as demonstrated by the defendant's actions related to the commission of the
23 offense, the enhanced penalty for a:
24 (a) class B misdemeanor is a class A misdemeanor;
25 (b) class A misdemeanor is a third degree felony;
26 (c) third degree felony is a second degree felony;
27 (d) second degree felony is a first degree felony; or

28 (e) first degree felony remains the penalty for a first degree felony, except:
29 (i) imposition or execution of the sentence may not be suspended unless the court finds
30 the interests of justice would be best served and states the specific circumstances justifying the
31 disposition on the record; and
32 (ii) the Board of Pardons and Parole shall consider the finding by the trier of fact that
33 the convicted person selected the victim primarily because of actual bias or prejudice against a
34 group, as demonstrated by the defendant's actions related to the commission of the offense, an
35 aggravating factor in determining the length of incarceration.
36 (2) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall cause
37 to be subscribed upon the information or indictment notice that it is alleged that the defendant
38 is subject to the enhanced penalties provided in Subsection (1).
39 (b) The notice under Subsection (2)(a) shall be in a clause separate from and in
40 addition to the primary offense charged.
41 (3) The trier of fact may not base a finding that the defendant acted because of actual
42 bias or prejudice under Subsection (1) solely on one or more of the following:
43 (a) evidence demonstrating the defendant's mere abstract beliefs;
44 (b) evidence of the defendant's mere membership in an organization; or
45 (c) any evidence of the defendant's expressions or associations, unless the evidence is
46 specifically related to the offense for which the defendant was convicted.
47 (4) As part of any sentence imposed in a case the court may impose alternative
48 sanctions as the court finds appropriate to the defendant's case.
49 (5) This section does not create any legal status or right not already in existence in
50 statute or common law for a group or a member of a group.
51 (6) As used in this section, "group" means the race, color, disability, religion, sexual
52 orientation, national origin, ancestry, age, or gender of any individual or group of persons h , OR AN
52a INDIVIDUAL AFFILIATED WITH AN IDENTIFIABLE TYPE OF BUSINESS OR THE PROPERTY OF THAT
52b BUSINESS h .
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 1-15-03 4:54 PM

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

Office of Legislative Research and General Counsel