Senator Stephen H. Urquhart proposes the following substitute bill:


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JOINT RESOLUTION AMENDING RULES OF EVIDENCE

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2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Stephen H. Urquhart

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House Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This joint resolution modifies the Utah Rules of Evidence.
10     Highlighted Provisions:
11          This resolution:
12          ▸     amends the Utah Rules of Evidence to include a rule that relates to the admissibility
13     of certain evidence in a case in which the defendant is accused of committing a hate
14     crime.
15     Special Clauses:
16          This resolution provides a special effective date.
17     Utah Rules of Evidence Affected:
18     ENACTS:
19          Rule 417, Utah Rules of Evidence
20     

21     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
22     of the two houses voting in favor thereof:
23          As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend
24     rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of
25     all members of both houses of the Legislature:

26          Section 1. Rule 417, Utah Rules of Evidence is enacted to read:
27          Rule 417. Admissibility of Evidence of the Actor's Expression or Association in
28     Criminal Trials for Hate Crimes.
29          In a criminal case in which the defendant is accused of committing a hate crime,
30     evidence of the defendant's expressions or associations may not be introduced, unless the
31     evidence:
32          (1) specifically relates to the hate crime charged; or
33          (2) is introduced for impeachment.
34          Section 2. Effective date.
35          This resolution takes effect upon approval by a constitutional two-thirds vote of all
36     members elected to each house.