8 LONG TITLE
9 General Description:
10 This joint resolution amends the Utah Rules of Evidence by enacting a rule that
11 prohibits the admissibility of evidence regarding the defendant's selection of the victim,
12 except as specified.
13 Highlighted Provisions:
14 This resolution:
15 ▸ provides that a criminal defendant's expressions or associations are not admissible
16 as evidence of the defendant's selection of the victim for purposes of a victim
17 selection penalty enhancement, except when the evidence:
18 • specifically relates to the crime charged; or
19 • is introduced for impeachment.
20 Special Clauses:
21 This resolution provides a special effective date.
22 Utah Rules of Civil Procedure Affected:
24 Rule 417, Utah Rules of Evidence
26 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
27 of the two houses voting in favor thereof:
28 As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend
29 rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of
30 all members of both houses of the Legislature:
31 Section 1. Rule 417, Utah Rules of Evidence is enacted to read:
32 Rule 417. Admissibility of Evidence of the Actor's Expression or Association in
33 Victim Selection Criminal Penalty Enhancements.
34 Evidence of a criminal defendant's expressions or associations is not admissible to
35 establish a penalty enhancement for the defendant's selection of the victim unless the evidence
36 is otherwise admissible under these rules, and:
37 (a) specifically relates to the defendant's selection of the victim of the crime charged; or
38 (b) is introduced for impeachment.
39 Section 2. Effective date.
40 This resolution takes effect upon approval by a constitutional two-thirds vote of all
41 members elected to each house.
Legislative Review Note
Office of Legislative Research and General Counsel