Chief Sponsor: Daniel W. Thatcher

House Sponsor: ____________


8     General Description:
9          This bill modifies the Utah Criminal Code regarding sentencing for offenses committed
10     against persons selected because of certain personal attributes and modifies the Public
11     Safety Code regarding reporting crimes that exhibit evidence of prejudice.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that the penalty for a criminal offense is subject to enhancement by one
15     degree if the offender acted against an individual because of the offender's
16     perception of the individual's ancestry, disability, ethnicity, gender, gender identity,
17     national origin, race, religion, or sexual orientation;
18          ▸     provides the same enhancement provisions if the criminal offense damages property
19     and the offender acted against the property because of the offender's perception of
20     the individual's ancestry, disability, ethnicity, gender, gender identity, national
21     origin, race, religion, or sexual orientation;
22          ▸     states that the provisions do not affect an individual's constitutional right of free
23     speech or any other constitutional rights; and
24          ▸     amends the Bureau of Criminal Identification's duties regarding recording crimes
25     that exhibit evidence of prejudice based on specified categories.
26     Money Appropriated in this Bill:
27          None

28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          53-10-202, as last amended by Laws of Utah 2016, Chapter 144
33     ENACTS:
34          76-3-203.12, Utah Code Annotated 1953
35     REPEALS:
36          76-3-203.3, as last amended by Laws of Utah 2007, Chapter 229
37          76-3-203.4, as enacted by Laws of Utah 2006, Chapter 184

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 53-10-202 is amended to read:
41          53-10-202. Criminal identification -- Duties of bureau.
42          The bureau shall:
43          (1) procure and file information relating to identification and activities of persons who:
44          (a) are fugitives from justice;
45          (b) are wanted or missing;
46          (c) have been arrested for or convicted of a crime under the laws of any state or nation;
47     and
48          (d) are believed to be involved in racketeering, organized crime, or a dangerous
49     offense;
50          (2) establish a statewide uniform crime reporting system that shall include:
51          (a) statistics concerning general categories of criminal activities;
52          (b) statistics concerning crimes that exhibit evidence of prejudice based on [race,
53     religion, ancestry, national origin, ethnicity, or] ancestry, disability, ethnicity, gender, gender
54     identity, national origin, race, religion, sexual orientation, and any other categories that the
55     division finds appropriate; and
56          (c) other statistics as required by the Federal Bureau of Investigation;
57          (3) make a complete and systematic record and index of the information obtained
58     under this part;

59          (4) subject to the restrictions in this part, establish policy concerning the use and
60     dissemination of data obtained under this part;
61          (5) publish an annual report concerning the extent, fluctuation, distribution, and nature
62     of crime in Utah;
63          (6) establish a statewide central register for the identification and location of missing
64     persons, which may include:
65          (a) identifying data including fingerprints of each missing person;
66          (b) identifying data of any missing person who is reported as missing to a law
67     enforcement agency having jurisdiction;
68          (c) dates and circumstances of any persons requesting or receiving information from
69     the register; and
70          (d) any other information, including blood types and photographs found necessary in
71     furthering the purposes of this part;
72          (7) publish a quarterly directory of missing persons for distribution to persons or
73     entities likely to be instrumental in the identification and location of missing persons;
74          (8) list the name of every missing person with the appropriate nationally maintained
75     missing persons lists;
76          (9) establish and operate a 24-hour communication network for reports of missing
77     persons and reports of sightings of missing persons;
78          (10) coordinate with the National Center for Missing and Exploited Children and other
79     agencies to facilitate the identification and location of missing persons and the identification of
80     unidentified persons and bodies;
81          (11) receive information regarding missing persons, as provided in Sections 26-2-27
82     and 53A-11-502, and stolen vehicles, vessels, and outboard motors, as provided in Section
83     41-1a-1401;
84          (12) adopt systems of identification, including the fingerprint system, to be used by the
85     division to facilitate law enforcement;
86          (13) assign a distinguishing number or mark of identification to any pistol or revolver,
87     as provided in Section 76-10-520;
88          (14) check certain criminal records databases for information regarding motor vehicle
89     salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,

90     and inform the Motor Vehicle Enforcement Division when new entries are made for certain
91     criminal offenses for motor vehicle salespersons in accordance with the requirements of
92     Section 41-3-205.5;
93          (15) check certain criminal records databases for information regarding driving
94     privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
95     privilege applicants and cardholders and inform the federal Immigration and Customs
96     Enforcement Agency of the United States Department of Homeland Security when new entries
97     are made in accordance with the requirements of Section 53-3-205.5.
98          (16) review and approve or disapprove applications for license renewal that meet the
99     requirements for renewal;
100          (17) forward to the board those applications for renewal under Subsection (16) that do
101     not meet the requirements for renewal; and
102          (18) within funds appropriated by the Legislature for the purpose, implement and
103     manage the operation of a firearm safety program, in conjunction with the state suicide
104     prevention coordinator, as described in this section and Section 62A-15-1101, including:
105          (a) coordinating with the Department of Health, local mental health and substance
106     abuse authorities, the public education suicide prevention coordinator, and a representative
107     from a Utah-based nonprofit organization with expertise in the field of firearm use and safety
108     that represents firearm owners, to:
109          (i) produce a firearm safety brochure with information about the safe handling and use
110     of firearms that includes:
111          (A) rules for safe handling, storage, and use of firearms in a home environment;
112          (B) information about at-risk individuals and individuals who are legally prohibited
113     from possessing firearms;
114          (C) information about suicide prevention and awareness; and
115          (D) information about the availability of firearm safety packets;
116          (ii) procure cable-style gun locks for distribution pursuant to this section; and
117          (iii) produce a firearm safety packet that includes both the firearm safety brochure
118     described in Subsection (18)(a)(i) and the cable-style gun lock described in Subsection
119     (18)(a)(ii);
120          (b) distributing, free of charge, the firearm safety packet to the following persons, who

121     shall make the firearm safety packet available free of charge:
122          (i) health care providers, including emergency rooms;
123          (ii) mental health practitioners;
124          (iii) other public health suicide prevention organizations;
125          (iv) entities that teach firearm safety courses; and
126          (v) school districts for use in the seminar, described in Section 53A-15-1302, for
127     parents of students in the school district;
128          (c) creating and administering a redeemable coupon program described in this section
129     and Section 76-10-526, that may include:
130          (i) producing a redeemable coupon that offers between $10 and $200 off the purchase
131     of a gun safe from a participating federally licensed firearms dealer, as defined in Section
132     76-10-501, by a Utah resident who has filed an application for a concealed firearm permit;
133          (ii) advertising the redeemable coupon program to all federally licensed firearms
134     dealers and maintaining a list of dealers who wish to participate in the program;
135          (iii) printing or writing the name of a Utah resident who has filed an application for a
136     concealed firearm permit on the redeemable coupon;
137          (iv) mailing the redeemable coupon and the firearm safety brochure to Utah residents
138     who have filed an application for a concealed firearm permit; and
139          (v) collecting from the participating dealers receipts described in Section 76-10-526
140     and reimbursing the dealers;
141          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
142     making rules that establish procedures for:
143          (i) producing and distributing the firearm safety brochures and packets;
144          (ii) procuring the cable-style gun locks for distribution; and
145          (iii) administering the redeemable coupon program; and
146          (e) reporting to the Law Enforcement and Criminal Justice Interim Committee
147     regarding implementation and success of the firearm safety program:
148          (i) during the 2016 interim, before November 1; and
149          (ii) during the 2018 interim, before June 1.
150          Section 2. Section 76-3-203.12 is enacted to read:
151          76-3-203.12. Victim selection penalty enhancement -- Definitions -- Penalties.

152          (1) An actor is subject to enhanced penalties under Subsection (2) if the actor
153     intentionally selects:
154          (a) the individual against whom the offense is committed in whole or in part because of
155     the actor's belief or perception regarding an individual's ancestry, disability, ethnicity, gender,
156     gender identity, national origin, race, religion, or sexual orientation, or the association of that
157     individual with another individual or group of individuals who have one or more of these
158     characteristics, whether or not the actor's belief or perception was correct; or
159          (b) the property damaged or otherwise affected by the offense in whole or in part
160     because of the actor's belief or perception regarding the ancestry, disability, ethnicity, gender,
161     gender identity, national origin, race, religion, or sexual orientation of the property's owner,
162     possessor, or occupant, or the association or relationship of the property's owner, possessor, or
163     occupant with another individual or group of individuals having one or more of these
164     characteristics, whether or not the actor's belief or perception was correct.
165          (2) (a) If the trier of fact finds beyond a reasonable doubt that an actor has committed a
166     crime and selected the individual or property in the manner described in Subsection (1), the
167     actor is subject to an enhanced penalty for the offense under Subsection (2)(b).
168          (b) The enhanced penalties are:
169          (i) a class C misdemeanor is a class B misdemeanor;
170          (ii) a class B misdemeanor is a class A misdemeanor;
171          (iii) a class A misdemeanor is a third degree felony;
172          (iv) a third degree felony is a second degree felony; and
173          (v) a second degree felony is a first degree felony.
174          (3) If the trier of fact finds beyond a reasonable doubt that the actor has committed a
175     first degree felony and selected the individual or property in the manner described in
176     Subsection (1), the sentencing judge or the Board of Pardons and Parole shall consider:
177          (a) the actor's selection of the individual or property as an aggravating factor; and
178          (b) whether the penalty for the first degree felony is increased under another provision
179     of state law.
180          (4) This section does not apply to the actor's selection of a victim because of the
181     victim's gender in the commission of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
182     Offenses.

183          (5) This section does not prevent the court from imposing alternative sanctions as the
184     court finds appropriate.
185          (6) This section does not affect or limit any individual's constitutional right to the
186     lawful expression of free speech or other recognized rights secured by the Utah Constitution or
187     the laws of the state, or by the United States Constitution or the laws of the United States.
188          (7) Subsection (1)(a) does not create a special or protected class for any purpose other
189     than a criminal penalty enhancement under this section.
190          Section 3. Repealer.
191          This bill repeals:
192          Section 76-3-203.3, Penalty for hate crimes -- Civil rights violation.
193          Section 76-3-203.4, Hate crimes -- Aggravating factors.

Legislative Review Note
Office of Legislative Research and General Counsel