H.B. 274

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 25, 2007 at 10:52 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 6, 2007 at 4:39 PM by ddonat. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 19, 2007 at 11:43 AM by rday. --> 1

VIOLENT CRIME IN PRESENCE OF A
2 CHILD
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Janice M. Fisher
6 Senate Sponsor: Ross I. Romero
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding aggravating factors to be considered by
11 the judge or the Board of Pardons and Parole.
12 Highlighted Provisions:
13 This bill:
14 . provides that the sentencing judge or the Board of Pardons and Parole shall consider
15 the defendant's commission of a violent offense in the presence of a child 14 years
16 of age or younger as an aggravating factor H. and clarifies that this provision does not affect
16a any other provision regarding judicial discretion .H ; and
17 . provides definitions.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 76-3-203.9, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-3-203.9 is enacted to read:

28 76-3-203.9. Violent offense committed in presence of a child -- Aggravating factor.
29 (1) As used in this section:
30 (a) "In the presence of a child" means:
31 (i) in the physical presence of a child H. younger than 14 years of age .H ; or
32 (ii) having knowledge that a child younger than 14 years of age is present and may see
33 or hear a violent criminal offense.
34 (b) "Violent criminal offense" means any criminal offense involving violence or
35 physical harm or threat of violence or physical harm, or any attempt S. [ , conspiracy, or
35a solicitation ] .S
36 to commit a criminal offense involving violence or physical harm.
37 (2) The sentencing judge or the Board of Pardons and Parole shall consider as an
38 aggravating factor in their deliberations that the defendant committed the violent criminal
39 offense in the presence of a child.
40 (3) The sentencing judge or the Board of Pardons and Parole shall also consider
41 whether the penalty for the offense is already increased by other existing provisions of law.
42 (4) This section does not affect or limit any individual's constitutional right to the
43 lawful expression of free speech or other recognized rights secured by the Constitution or laws
44 of Utah or by the Constitution or laws of the United States.
44a H. (5) This section does not affect or restrict the exercise of judicial discretion under any
44b other provision of Utah law. .H




Legislative Review Note
as of 12-29-06 9:18 AM

Office of Legislative Research and General Counsel