Senator Daniel W. Thatcher proposes the following substitute bill:


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JOINT RESOLUTION AMENDING RULES OF EVIDENCE -

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VICTIM SELECTION

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2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Daniel W. Thatcher

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House Sponsor: Lee B. Perry

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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 a defendant's selection of a victim,
12     except as specified.
13     Highlighted Provisions:
14          This resolution:
15          ▸     provides that a defendant's expressions or associations are not admissible as
16     evidence of the defendant's selection of a victim for purposes of a victim targeting
17     penalty enhancement, except when the evidence:
18               •     specifically relates to the criminal offense charged; or
19               •     is introduced for impeachment.
20     Special Clauses:
21          This resolution provides a special effective date.
22     Utah Rules of Evidence Affected:
23     ENACTS:
24          Rule 417, Utah Rules of Evidence
25     


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 Targeting Criminal Penalty Enhancements.
34          Evidence of a criminal defendant's expressions or associations is not admissible to
35     establish a penalty enhancement for a defendant's selection of a victim unless the evidence is
36     otherwise admissible under these rules and specifically relates to the defendant's selection of
37     the victim of the offense charged or is introduced for impeachment.
38          Section 2. Effective date.
39          This resolution takes effect upon approval by a constitutional two-thirds vote of all
40     members elected to each house.