1     
FELONY FLEEING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9           This bill modifies the Utah Criminal Code regarding the offense of murder.
10     Highlighted Provisions:
11          This bill:
12          ▸      amends the definition of "predicate offense" for the crime of murder to include,
13     after failing to stop at an officer's signal:
14               •     operating the vehicle in a dangerous manner; or
15               •     attempting to flee; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          41-6a-210, as renumbered and amended by Laws of Utah 2005, Chapter 2
24          76-5-203, as last amended by Laws of Utah 2009, Chapters 125 and 206
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 41-6a-210 is amended to read:
28          41-6a-210. Failure to respond to officer's signal to stop -- Fleeing -- Causing
29     property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle
30     -- Penalties.
31          (1) (a) An operator who receives a visual or audible signal from a peace officer to bring
32     the vehicle to a stop may not:
33          (i) operate the vehicle in willful or wanton disregard of the signal so as to endanger an
34     individual or interfere with or endanger the operation of any vehicle [or person]; or
35          (ii) attempt to flee or elude a peace officer by vehicle or other means.
36          (b) (i) [A person] An individual who violates Subsection (1)(a) is guilty of a felony of
37     the third degree.
38          (ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of
39     not less than $1,000.
40          (2) (a) An operator who violates Subsection (1)(a) and while so doing causes [death or]
41     serious bodily injury to another [person, under circumstances not amounting to murder or
42     aggravated murder] individual, which does not result in the individual's death , is guilty of a
43     felony of the second degree.
44          (b) The court shall, as part of any sentence under this Subsection (2), impose a fine of
45     not less than $5,000.
46          (3) (a) In addition to the penalty provided under this section or any other section, [a
47     person] an individual who violates Subsection (1)(a) or (2)(a) shall have the [person's]
48     individual's driver license revoked under Subsection 53-3-220(1)(a)(ix) for a period of one
49     year.
50          (b) (i) The court shall forward the report of the conviction to the division.
51          (ii) If the [person] individual is the holder of a driver license from another jurisdiction,
52     the division shall notify the appropriate officials in the licensing state.
53          Section 2. Section 76-5-203 is amended to read:
54          76-5-203. Murder.
55          (1) As used in this section, "predicate offense" means:
56           (a) failure to respond to an officer's signal to stop under Subsection 41-6a-210(1)(a);
57          [(a)] (b) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
58          [(b)] (c) child abuse, under Subsection 76-5-109(2)(a), when the victim is younger than
59     18 years of age;
60          [(c)] (d) kidnapping under Section 76-5-301;
61          [(d)] (e) child kidnapping under Section 76-5-301.1;
62          [(e)] (f) aggravated kidnapping under Section 76-5-302;
63          [(f)] (g) rape of a child under Section 76-5-402.1;
64          [(g)] (h) object rape of a child under Section 76-5-402.3;
65          [(h)] (i) sodomy upon a child under Section 76-5-403.1;
66          [(i)] (j) forcible sexual abuse under Section 76-5-404;
67          [(j)] (k) sexual abuse of a child or aggravated sexual abuse of a child under Section
68     76-5-404.1;
69          [(k)] (l) rape under Section 76-5-402;
70          [(l)] (m) object rape under Section 76-5-402.2;
71          [(m)] (n) forcible sodomy under Section 76-5-403;
72          [(n)] (o) aggravated sexual assault under Section 76-5-405;
73          [(o)] (p) arson under Section 76-6-102;
74          [(p)] (q) aggravated arson under Section 76-6-103;
75          [(q)] (r) burglary under Section 76-6-202;
76          [(r)] (s) aggravated burglary under Section 76-6-203;
77          [(s)] (t) robbery under Section 76-6-301;
78          [(t)] (u) aggravated robbery under Section 76-6-302;
79          [(u)] (v) escape or aggravated escape under Section 76-8-309; or
80          [(v)] (w) a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of
81     a firearm or dangerous weapon.
82          (2) Criminal homicide constitutes murder if:
83          (a) the actor intentionally or knowingly causes the death of another;
84          (b) intending to cause serious bodily injury to another, the actor commits an act clearly
85     dangerous to human life that causes the death of another;
86          (c) acting under circumstances evidencing a depraved indifference to human life, the
87     actor knowingly engages in conduct which creates a grave risk of death to another and thereby
88     causes the death of another;
89          (d) (i) the actor is engaged in the commission, attempted commission, or immediate
90     flight from the commission or attempted commission of any predicate offense, or is a party to
91     the predicate offense;
92          (ii) [a person] an individual other than a party as defined in Section 76-2-202 is killed
93     in the course of the commission, attempted commission, or immediate flight from the
94     commission or attempted commission of any predicate offense; and
95          (iii) the actor acted with the intent required as an element of the predicate offense;
96          (e) the actor recklessly causes the death of a peace officer or military service member
97     in uniform while in the commission or attempted commission of:
98          (i) an assault against a peace officer under Section 76-5-102.4;
99          (ii) interference with a peace officer while making a lawful arrest under Section
100     76-8-305 if the actor uses force against a peace officer; [or]
101           (iii) failure to respond to an officer's signal to stop under Subsection 41-6a-210(1)(a);
102     or
103          [(iii)] (iv) an assault against a military service member in uniform under Section
104     76-5-102.4;
105          (f) commits a homicide which would be aggravated murder, but the offense is reduced
106     pursuant to Subsection 76-5-202(4); or
107          (g) the actor commits aggravated murder, but special mitigation is established under
108     Section 76-5-205.5.
109          (3) (a) Murder is a first degree felony.
110          (b) [A person] An individual who is convicted of murder shall be sentenced to
111     imprisonment for an indeterminate term of not less than 15 years and which may be for life.
112          (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
113     defendant caused the death of another or attempted to cause the death of another under a
114     reasonable belief that the circumstances provided a legal justification or excuse for the conduct
115     although the conduct was not legally justifiable or excusable under the existing circumstances.
116          (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
117     the viewpoint of a reasonable person under the then existing circumstances.
118          (c) This affirmative defense reduces charges only from:
119          (i) murder to manslaughter; and
120          (ii) attempted murder to attempted manslaughter.
121          (5) (a) Any predicate offense described in Subsection (1) that constitutes a separate
122     offense does not merge with the crime of murder.
123          (b) [A person] An individual who is convicted of murder, based on a predicate offense
124     described in Subsection (1) that constitutes a separate offense, may also be convicted of, and
125     punished for, the separate offense.




Legislative Review Note
Office of Legislative Research and General Counsel