House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029 February 8, 2012
Madam Speaker:
The Law Enforcement and Criminal Justice Committee reports a favorable recommendation on H.B. 129, DEFENSE OF PROPERTY AND PERSON, by Representative P. Painter, with the following amendments:
1. Page 2, Lines 28 through 43 :
28 (1) A person may not recover from the victim of a crime for personal injury or property
29 damage if [
30 (a) the person entered the property of the victim or the victim's family with criminal
31 intent and the injury or damage was inflicted by the victim or occurred while the person was on
32 the victim's property;
{
[
}
or
{
]
}
33 (b) the person committed a crime against the victim or the victim's family, during
34 which the damage or injury occurred
{
[
}
.
{
]
}
{
; or
}
35
{
[
}
(2) The provisions of Subsection (1) do not apply if the person can
prove by clear and
36 convincing evidence that
{
:]
37 [(a) } the person's actions did not constitute a
{
]
}
crime.
[felony; and]
38 [
39 [
40
{
(c) the victim is cleared of any wrongdoing under the provisions of Title 76,
Chapter
41 2, Part 4, Justification Excluding Criminal Responsibility. }
42 (2) Subsection (1) applies to any next-of-kin, heirs, or personal representatives of the
43 person if the person acquires a disability or is killed.
Respectfully,
Curtis Oda
Committee Chair
Voting: 11-0-2
3 HB0129.HC1.wpd 2/8/12 4:54 pm /NWB ECM/JDH
Bill Number
Action Code
*HB0129*
*HCRAMD*
HB0129
HCRAMD