1     
GROUP GANG ENHANCEMENT AMENDMENTS

2     
2021 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Stephanie Pitcher

6     

7     LONG TITLE
8     General Description:
9          This bill amends the offenses subject to enhancement for crimes committed in concert
10     with multiple people.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the offenses subject to enhancement for crimes committed in concert with
14     multiple people; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          76-3-203.1, as last amended by Laws of Utah 2021, Chapter 207
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-3-203.1 is amended to read:
26          76-3-203.1. Offenses committed in concert with three or more persons or in
27     relation to a criminal street gang -- Notice -- Enhanced penalties.
28          (1) As used in this section:
29          (a) "Criminal street gang" [has the same definition as] means the same as that term is

30     defined in Section 76-9-802.
31          (b) "In concert with three or more persons" means:
32          (i) the defendant was aided or encouraged by at least three other persons in committing
33     the offense and was aware of this aid or encouragement; and
34          (ii) each of the other persons:
35          (A) was physically present; and
36          (B) participated as a party to any offense listed in Subsection (4), (5), or (6).
37          (c) "In concert with three or more persons" means, regarding intent:
38          (i) other persons participating as parties need not have the intent to engage in the same
39     offense or degree of offense as the defendant; and
40          (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
41     minor were an adult.
42          (2) A person who commits any offense in accordance with this section is subject to an
43     enhanced penalty as provided in Subsection (4), (5), or (6) if the trier of fact finds beyond a
44     reasonable doubt that the person acted:
45          (a) in concert with three or more persons;
46          (b) for the benefit of, at the direction of, or in association with any criminal street gang
47     as defined in Section 76-9-802; or
48          (c) to gain recognition, acceptance, membership, or increased status with a criminal
49     street gang as defined in Section 76-9-802.
50          (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
51     be subscribed upon the information or indictment notice that the defendant is subject to the
52     enhanced penalties provided under this section.
53          (4) (a) For an offense listed in Subsection (4)(b), a person may be charged as follows:
54          (i) for a class B misdemeanor, as a class A misdemeanor; and
55          (ii) for a class A misdemeanor, as a third degree felony.
56          (b) The following offenses are subject to Subsection (4)(a):
57          (i) criminal mischief as defined in Section 76-6-106; and

58          (ii) graffiti as defined in Section 76-6-107.
59          (5) (a) For an offense listed in Subsection (5)(b), a person may be charged as follows:
60          (i) for a class B misdemeanor, as a class A misdemeanor;
61          (ii) for a class A misdemeanor, as a third degree felony; and
62          (iii) for a third degree felony, as a second degree felony.
63          (b) The following offenses are subject to Subsection (5)(a):
64          (i) burglary, if committed in a dwelling as defined in Subsection 76-6-202(2);
65          (ii) any offense of obstructing government operations under Title 76, Chapter 8, Part 3,
66     Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, 76-8-307,
67     76-8-308, and 76-8-312;
68          (iii) tampering with a witness or other violation of Section 76-8-508;
69          (iv) retaliation against a witness, victim, informant, or other violation of Section
70     76-8-508.3;
71          (v) extortion or bribery to dismiss a criminal proceeding as defined in Section
72     76-8-509;
73          (vi) any weapons offense under Title 76, Chapter 10, Part 5, Weapons; and
74          (vii) any violation of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act.
75          (6) (a) For an offense listed in Subsection (6)(b), a person may be charged as follows:
76          (i) for a class B misdemeanor, as a class A misdemeanor;
77          (ii) for a class A misdemeanor, as a third degree felony;
78          (iii) for a third degree felony, as a second degree felony; and
79          (iv) for a second degree felony, as a first degree felony.
80          (b) The following offenses are subject to Subsection (6)(a):
81          (i) assault and related offenses under Title 76, Chapter 5, Part 1, Assault and Related
82     Offenses;
83          (ii) any criminal homicide offense under Title 76, Chapter 5, Part 2, Criminal
84     Homicide;
85          (iii) kidnapping and related offenses under Title 76, Chapter 5, Part 3, Kidnapping,

86     Trafficking, and Smuggling;
87          (iv) any felony sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
88          (v) sexual exploitation of a minor as defined in Section 76-5b-201;
89          (vi) robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery; and
90          (vii) aggravated exploitation of prostitution under Section 76-10-1306.
91          (7) The sentence imposed under Subsection (4), (5), or (6) may be suspended and the
92     individual placed on probation for the higher level of offense.
93          (8) It is not a bar to imposing the enhanced penalties under this section that the persons
94     with whom the actor is alleged to have acted in concert are not identified, apprehended,
95     charged, or convicted, or that any of those persons are charged with or convicted of a different
96     or lesser offense.
97          Section 2. Effective date.
98          If approved by two-thirds of all the members elected to each house, this bill takes effect
99     upon approval by the governor, or the day following the constitutional time limit of Utah
100     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
101     the date of veto override.