1     
GANG ENHANCEMENT PROVISION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Criminal Code regarding offenses committed with other
10     persons.
11     Highlighted Provisions:
12          This bill adds retaliation against a witness, victim, or informant as an offense for which
13     a person is subject to an enhanced penalty if the person is found to have acted in concert
14     with two or more persons or the action was related to criminal street gang activity.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-3-203.1, as last amended by Laws of Utah 2011, Chapter 320
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-3-203.1 is amended to read:
25          76-3-203.1. Offenses committed in concert with two or more persons or in
26     relation to a criminal street gang -- Notice -- Enhanced penalties.
27          (1) As used in this section:

28          (a) "Criminal street gang" has the same definition as in Section 76-9-802.
29          (b) "In concert with two or more persons" means:
30          (i) the defendant was aided or encouraged by at least two other persons in committing
31     the offense and was aware of this aid or encouragement; and
32          (ii) each of the other persons:
33          (A) was physically present; or
34          (B) participated as a party to any offense listed in Subsection (5).
35          (c) "In concert with two or more persons" means, regarding intent:
36          (i) other persons participating as parties need not have the intent to engage in the same
37     offense or degree of offense as the defendant; and
38          (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
39     minor were an adult.
40          (2) A person who commits any offense listed in Subsection (5) is subject to an
41     enhanced penalty for the offense as provided in Subsection (4) if the trier of fact finds beyond a
42     reasonable doubt that the person acted:
43          (a) in concert with two or more persons;
44          (b) for the benefit of, at the direction of, or in association with any criminal street gang
45     as defined in Section 76-9-802; or
46          (c) to gain recognition, acceptance, membership, or increased status with a criminal
47     street gang as defined in Section 76-9-802.
48          (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
49     be subscribed upon the information or indictment notice that the defendant is subject to the
50     enhanced penalties provided under this section.
51          (4) The enhanced penalty for a:
52          (a) class B misdemeanor is a class A misdemeanor;
53          (b) class A misdemeanor is a third degree felony;
54          (c) third degree felony is a second degree felony;
55          (d) second degree felony is a first degree felony; and
56          (e) first degree felony is an indeterminate prison term of not less than five years in
57     addition to the statutory minimum prison term for the offense, and which may be for life.
58          (5) Offenses referred to in Subsection (2) are:

59          (a) any criminal violation of the following chapters of Title 58, Occupations and
60     Professions:
61          (i) Chapter 37, Utah Controlled Substances Act;
62          (ii) Chapter 37a, Utah Drug Paraphernalia Act;
63          (iii) Chapter 37b, Imitation Controlled Substances Act; or
64          (iv) Chapter 37c, Utah Controlled Substance Precursor Act;
65          (b) assault and related offenses under Title 76, Chapter 5, Part 1, Assault and Related
66     Offenses;
67          (c) any criminal homicide offense under Title 76, Chapter 5, Part 2, Criminal
68     Homicide;
69          (d) kidnapping and related offenses under Title 76, Chapter 5, Part 3, Kidnapping,
70     Trafficking, and Smuggling;
71          (e) any felony sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
72          (f) sexual exploitation of a minor as defined in Section 76-5b-201;
73          (g) any property destruction offense under Title 76, Chapter 6, Part 1, Property
74     Destruction;
75          (h) burglary, criminal trespass, and related offenses under Title 76, Chapter 6, Part 2,
76     Burglary and Criminal Trespass;
77          (i) robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery;
78          (j) theft and related offenses under Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail
79     Theft;
80          (k) any fraud offense under Title 76, Chapter 6, Part 5, Fraud, except Sections
81     76-6-504, 76-6-505, 76-6-507, 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513,
82     76-6-514, 76-6-516, 76-6-517, 76-6-518, and 76-6-520;
83          (l) any offense of obstructing government operations under Title 76, Chapter 8, Part 3,
84     Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, 76-8-304,
85     76-8-307, 76-8-308, and 76-8-312;
86          (m) tampering with a witness or other violation of Section 76-8-508;
87          (n) retaliation against a witness, victim, informant, or other violation of Section
88     76-8-508.3;
89          [(n)] (o) extortion or bribery to dismiss criminal proceeding as defined in Section

90     76-8-509;
91          [(o)] (p) any explosives offense under Title 76, Chapter 10, Part 3, Explosives;
92          [(p)] (q) any weapons offense under Title 76, Chapter 10, Part 5, Weapons;
93          [(q)] (r) pornographic and harmful materials and performances offenses under Title 76,
94     Chapter 10, Part 12, Pornographic and Harmful Materials and Performances;
95          [(r)] (s) prostitution and related offenses under Title 76, Chapter 10, Part 13,
96     Prostitution;
97          [(s)] (t) any violation of Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
98          [(t)] (u) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity
99     Act;
100          [(u)] (v) communications fraud as defined in Section 76-10-1801;
101          [(v)] (w) any violation of Title 76, Chapter 10, Part 19, Money Laundering and
102     Currency Transaction Reporting Act; and
103          [(w)] (x) burglary of a research facility as defined in Section 76-10-2002.
104          (6) It is not a bar to imposing the enhanced penalties under this section that the persons
105     with whom the actor is alleged to have acted in concert are not identified, apprehended,
106     charged, or convicted, or that any of those persons are charged with or convicted of a different
107     or lesser offense.






Legislative Review Note
Office of Legislative Research and General Counsel