H.B. 87

This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 14, 2013 at 9:24 AM by lpoole. --> 1

ATTEMPTED AGGRAVATED MURDER AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lee B. Perry
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding attempted aggravated murder.
10 Highlighted Provisions:
11 This bill:
12 . provides that an attempt to commit aggravated murder that results in serious bodily
13 injury is punishable by imprisonment for an indeterminate term of not fewer than 15
14 years and up to life S. ; and
14a . provides that the court may impose a lesser penalty if it finds a lesser sentence to be
14b in the interests of justice and states its reasons on the record .S .
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-4-102, as last amended by Laws of Utah 2008, Chapters 12 and 179
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-4-102 is amended to read:
25 76-4-102. Attempt -- Classification of offenses.
26 (1) Criminal attempt to commit:
27 (a) S. (i) .S a capital felony, or a felony punishable by imprisonment for life without
27a parole, is a

28 first degree felony S. [ , except that ] ;
28a (ii) except as provided in Subsection (2), .S an attempt to commit aggravated murder,
28b Section 76-5-202 ,
29 which results in serious bodily injury, is punishable by imprisonment for an indeterminate term
30 of not fewer than 15 years and which may be for life;
31 (b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second
32 degree felony;
33 (c) any of the following offenses is a first degree felony punishable by imprisonment
34 for an indeterminate term of not fewer than three years and which may be for life:
35 (i) murder, Subsection 76-5-203 (2)(a);
36 (ii) child kidnapping, Section 76-5-301.1 ; or
37 (iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76,
38 Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
39 (d) except as provided in Subsection S. [ (2) ] (3) .S , any of the following offenses is a
39a first degree
40 felony, punishable by a term of imprisonment of not less than 15 years and which may be for
41 life:
42 (i) rape of a child, Section 76-5-402.1 ;
43 (ii) object rape of a child, Section 76-5-402.3 ; or
44 (iii) sodomy on a child, Section 76-5-403.1 ;
45 (e) a second degree felony is a third degree felony;
46 (f) a third degree felony is a class A misdemeanor;
47 (g) a class A misdemeanor is a class B misdemeanor;
48 (h) a class B misdemeanor is a class C misdemeanor; and
49 (i) a class C misdemeanor is punishable by a penalty not exceeding one half the penalty
50 for a class C misdemeanor.
51 S. (2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a
51a lesser term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the
51b court states the reasons for this finding on the record, the court may impose a term of
51c imprisonment of not less than:
51d (a) 10 years and which may be for life; or
51e (b) six years and which may be for life.
51f [ (2) ] (3) .S If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser
52 term than the term described in Subsection (1)(d) is in the interests of justice and states the
53 reasons for this finding on the record, the court may impose a term of imprisonment of not less
54 than:
55 (a) 10 years and which may be for life;

56 (b) six years and which may be for life; or
57 (c) three years and which may be for life.

Legislative Review Note
as of 1-25-13 1:11 PM

Office of Legislative Research and General Counsel

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