H.B. 62

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 22, 2010 at 10:52 AM by jeyring. --> This document includes House Committee Amendments incorporated into the bill on Thu, Feb 25, 2010 at 4:26 PM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Fri, Mar 5, 2010 at 11:41 AM by jeyring. --> 1

PENALTIES FOR VIOLENT CRIME IN
2 PRESENCE OF A CHILD
3 2010 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 to provide H. [ graduated penalties ] a penalty .H for
10a committing a
11 violent criminal offense in the presence of a child younger than 14 years of age.
12 Highlighted Provisions:
13 This bill:
14 . provides a H. [ class A ] class B .H misdemeanor penalty for a person who, while in
14a the presence of
15 a child:
16 . commits or attempts to commit criminal homicide against a third party; or
17 . intentionally causes or attempts to cause serious bodily injury to a third party or
18 uses a dangerous weapon or other means or force likely to produce death or
19 serious bodily injury against a third party;
20 H. [ . provides for a class B misdemeanor penalty for a person who commits any other
21 violent criminal offense in the presence of a child; ]
22 [ . requires the court to order a person who commits a violent offense in the presence
23 of a child to pay restitution for any necessary counseling for each child who is
24 present when the offense was committed, unless the court states on the record why
25 the court finds the restitution would not be appropriate;
26 . provides that a charge of committing a violent criminal offense in the presence of a
27 child is separate and distinct from a charge of domestic violence when the victim is

28 the cohabitant and specifies that either or both charges may be filed by the prosecutor; ] and
29 [ . provides that a person who commits a violent offense in the presence of a child
30 when more than one child is present is guilty of one violation regarding each child
31 who is present when the offense occurred; and ] .H
32 . provides definitions.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 ENACTS:
39 76-3-203.10, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 76-3-203.10 is enacted to read:
43 76-3-203.10. Violent offense committed in presence of a child -- Penalties --
44 Restitution.
45 (1) As used in this section:
46 (a) "In the presence of a child" means:
47 (i) in the physical presence of a child younger than 14 years of age; H. [ or ] and .H
48 (ii) having knowledge that H. [ a ] the .H child H. [ younger than 14 years of age ] .H is
48a present and may see
49 or hear the commission of a violent criminal offense.
50 (b) "Violent criminal offense" means any criminal offense involving violence or
51 physical harm or threat of violence or physical harm, or any attempt to commit a criminal
52 offense involving violence or physical harm H. that is not a domestic violence offense as
52a defined in Section 77-36-1 .H .
53 (2) A person commits a violent criminal offense in the presence of a child if the
54 person:
55 (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201 ,
56 against a third party in the presence of a child;
57 (b) intentionally causes or attempts to cause serious bodily injury to a third party or
58 uses a dangerous weapon, as defined in Section 76-1-601 , or other means or force likely to

59 produce death or serious bodily injury, against a third party in the presence of a child; or
60 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
61 commits a violent criminal offense in the presence of a child.
62 (3) H. [ (a) ] .H A person who violates Subsection (2) H. [ (a) or (b) ] .H is guilty of a
62a H. [ class A ] class B .H
63 misdemeanor.
64 H. [ (b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor. ]
65 [ (4) H. [In addition to any other penalty, the] The .H court shall order a person who
65a violates
66 Subsection (2) to pay restitution for any necessary counseling for each child who is present
67 when the violation was committed, unless the court states on the record reasons why the court
68 finds the restitution would not be appropriate.
69 (5) (a) A charge under this section is separate and distinct from, and is in addition to, a
70 charge of domestic violence when the victim is the cohabitant.
71 (b) Either or both charges may be filed by the prosecutor. ]
72 [ (6) A person who commits a violation of Subsection (2) when more than one child is
73 present is guilty of one violation of Subsection (2) regarding each child who is present when
74 the offense occurred. ] .H




Legislative Review Note
as of 5-15-09 7:02 AM

Office of Legislative Research and General Counsel