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JOINT RESOLUTION AMENDING RULES OF EVIDENCE -

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VICTIM SELECTION

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2018 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Daniel W. Thatcher

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House Sponsor: ____________

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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:
23     ENACTS:
24          Rule 417, Utah Rules of Evidence
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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