Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 27
Approved for Filing: S. Larson 6                             1st Sub. (Buff)
         6 01-15-24 8:48 AM 6
                 Representative Matthew H. Gwynn proposes the following substitute bill:
                            CRIMINAL CODE AMENDMENTS
                                      2024 GENERAL SESSION
                                          STATE OF UTAH
                             Chief Sponsor: Matthew H. Gwynn
                                  Senate Sponsor: Keith Grover
 6
 LONG TITLE
 General Description:
        This bill makes changes to criminal offenses in Title 76, Utah Criminal Code.
 Highlighted Provisions:
        This bill:
        < amends the penalty for attempted murder;
        < amends the crime of interference with a public servant;
        < makes it a crime for an individual occupying a position of special trust in a high
 school to engage in certain sexual conduct with an adult high school student;
        < makes it a crime for an individual to remove the clothing of another individual
 without the individual's consent in certain circumstances;
        < repeals Title 76, Chapter 8, Part 8, Sabotage Prevention; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:                                                              1st Sub. H.B. 27
        None
 Other Special Clauses:
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
     *HB0027S01*
       1st Sub. (Buff) H.B. 27                                                   01-15-24 8:48 AM
         76-4-102, as last amended by Laws of Utah 2013, Chapter 93
         76-5-203, as last amended by Laws of Utah 2022, Chapter 181
         76-8-301, as last amended by Laws of Utah 2020, Chapter 165
 ENACTS:
         76-5-417, Utah Code Annotated 1953
         76-9-702.9, Utah Code Annotated 1953
 REPEALS:
         76-8-801, as enacted by Laws of Utah 1973, Chapter 196
         76-8-802, as enacted by Laws of Utah 1973, Chapter 196
         76-8-803, as enacted by Laws of Utah 1973, Chapter 196
         76-8-804, as enacted by Laws of Utah 1973, Chapter 196
         76-8-805, as enacted by Laws of Utah 1973, Chapter 196
         76-8-806, as last amended by Laws of Utah 1997, Chapter 296
         76-8-807, as enacted by Laws of Utah 1973, Chapter 196
         76-8-808, as enacted by Laws of Utah 1973, Chapter 196
         76-8-809, as last amended by Laws of Utah 2023, Chapter 435
         76-8-810, as enacted by Laws of Utah 1973, Chapter 196
         76-8-811, as last amended by Laws of Utah 1995, Chapter 20
 Utah Code Sections Affected by Coordination Clause:
         76-8-301, as last amended by Laws of Utah 2020, Chapter 165
         76-8-301.2, Utah Code Annotated 1953
47
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 76-4-102 is amended to read:
         76-4-102. Attempt -- Classification of offenses.
         (1) [Criminal attempt] A violation of Section 76-4-101 where the actor attempts to
 commit:
         (a) (i) a capital felony, or a felony punishable by imprisonment for life without parole,
 is a first degree felony;
         (ii) except as provided in Subsection (2), [an attempt to commit] aggravated murder[,]
 under Section 76-5-202, which results in serious bodily injury, is punishable by imprisonment
                                                     -2-
       01-15-24 8:48 AM                                                       1st Sub. (Buff) H.B. 27
 for an indeterminate term of not fewer than 15 years and which may be for life;
         (b) except as provided in Subsection (1)(c) [or], (d), or (e), a first degree felony is a
 second degree felony;
         (c) murder under Subsection 76-5-203(2)(a) is a first degree felony punishable by
 imprisonment for an indeterminate term of not fewer than five years and which may be for life;
         [(c)] (d) [any of] one of the the following offenses is a first degree felony that is
 punishable by imprisonment for an indeterminate term of not fewer than three years and which
 may be for life:
         [(i) murder, Subsection 76-5-203(2)(a);]
         [(ii)] (i) child kidnapping[,] under Section 76-5-301.1; or
         [(iii)] (ii) except as provided in Subsection [(1)(d), any of the felonies] (1)(e), a felony
 described in Title 76, Chapter 5, Part 4, Sexual Offenses, that [are first degree felonies] is a
 first degree felony;
         [(d)] (e) except as provided in Subsection (3), [any] one of the following offenses is a
 first degree felony[,] that is punishable by [a term of] imprisonment for an indeterminate term
 of not [less] fewer than 15 years and which may be for life:
         (i) rape of a child[,] under Section 76-5-402.1;
         (ii) object rape of a child[,] under Section 76-5-402.3; or
         (iii) sodomy on a child[,] under Section 76-5-403.1;
         [(e)] (f) a second degree felony is a third degree felony;
         [(f)] (g) a third degree felony is a class A misdemeanor;
         [(g)] (h) a class A misdemeanor is a class B misdemeanor;
         [(h)] (i) a class B misdemeanor is a class C misdemeanor; and
         [(i)] (j) a class C misdemeanor is punishable by a penalty not exceeding one half the
 penalty for a class C misdemeanor.
         (2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a lesser
 term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court
 states the reasons for this finding on the record, the court may impose a term of imprisonment
 of not less than:
         (a) 10 years and which may be for life; or
         (b) six years and which may be for life.
                                                      -3-
        1st Sub. (Buff) H.B. 27                                                     01-15-24 8:48 AM
         (3) If, when imposing a sentence under Subsection [(1)(d),] (1)(e), a court finds that a
 lesser term than the term described in Subsection [(1)(d)] (1)(e) is in the interests of justice and
 states the reasons for this finding on the record, the court may impose a term of imprisonment
 of not less than:
         (a) 10 years and which may be for life;
         (b) six years and which may be for life; or
         (c) three years and which may be for life.
         Section 2. Section 76-5-203 is amended to read:
         76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation --
 Separate offenses.
         (1) (a) As used in this section, "predicate offense" means:
         (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
         (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused
 individual is younger than 18 years old;
         (iii) kidnapping under Section 76-5-301;
         (iv) child kidnapping under Section 76-5-301.1;
         (v) aggravated kidnapping under Section 76-5-302;
         (vi) rape under Section 76-5-402;
         (vii) rape of a child under Section 76-5-402.1;
         (viii) object rape under Section 76-5-402.2;
         (ix) object rape of a child under Section 76-5-402.3;
         (x) forcible sodomy under Section 76-5-403;
         (xi) sodomy upon a child under Section 76-5-403.1;
         (xii) forcible sexual abuse under Section 76-5-404;
         (xiii) sexual abuse of a child under Section 76-5-404.1;
         (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
         (xv) aggravated sexual assault under Section 76-5-405;
         (xvi) arson under Section 76-6-102;
         (xvii) aggravated arson under Section 76-6-103;
         (xviii) burglary under Section 76-6-202;
         (xix) aggravated burglary under Section 76-6-203;
                                                       -4-
        01-15-24 8:48 AM                                                      1st Sub. (Buff) H.B. 27
        (xx) robbery under Section 76-6-301;
        (xxi) aggravated robbery under Section 76-6-302;
        (xxii) escape or aggravated escape under Section 76-8-309; or
        (xxiii) a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of a
 firearm or dangerous weapon.
        (b) Terms defined in Section 76-1-101.5 apply to this section.
        (2) An actor commits murder if:
        (a) the actor intentionally or knowingly causes the death of another individual;
        (b) intending to cause serious bodily injury to another individual, the actor commits an
 act clearly dangerous to human life that causes the death of the other individual;
        (c) acting under circumstances evidencing a depraved indifference to human life, the
 actor knowingly engages in conduct that creates a grave risk of death to another individual and
 thereby causes the death of the other individual;
        (d) (i) the actor is engaged in the commission, attempted commission, or immediate
 flight from the commission or attempted commission of any predicate offense, or is a party to
 the predicate offense;
        (ii) an individual other than a party described in Section 76-2-202 is killed in the
 course of the commission, attempted commission, or immediate flight from the commission or
 attempted commission of any predicate offense; and
        (iii) the actor acted with the intent required as an element of the predicate offense;
        (e) the actor recklessly causes the death of a peace officer or military service member
 in uniform while in the commission or attempted commission of:
        (i) an assault against a peace officer under Section 76-5-102.4;
        (ii) interference with a peace officer while making a lawful arrest under Section
 76-8-305 if the actor uses force against the peace officer; or
        (iii) an assault against a military service member in uniform under Section 76-5-102.4;
 or
        (f) the actor commits a homicide that would be aggravated murder, but the offense is
 reduced in accordance with Subsection 76-5-202(4).
        (3) (a) (i) A violation of Subsection (2) is a first degree felony.
        (ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an
                                                      -5-
        1st Sub. (Buff) H.B. 27                                                     01-15-24 8:48 AM
 indeterminate term of not less than 15 years and which may be for life.
        (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
 doubt, and also finds that the existence of special mitigation is established by a preponderance
 of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of
 conviction as follows:
        (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
 judgment of conviction for manslaughter; or
        (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
 notwithstanding Subsection 76-4-102(1)(b) or [76-4-102(1)(c)(i)] 76-4-102(1)(c), enter a
 judgment of conviction for attempted manslaughter.
        (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
 defendant caused the death of another individual or attempted to cause the death of another
 individual under a reasonable belief that the circumstances provided a legal justification or
 excuse for the conduct although the conduct was not legally justifiable or excusable under the
 existing circumstances.
        (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
 the viewpoint of a reasonable person under the then existing circumstances.
        (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
 doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven
 beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
        (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
 judgment of conviction for manslaughter; or
        (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
 enter a judgment of conviction for attempted manslaughter.
        (5) (a) Any predicate offense that constitutes a separate offense does not merge with
 the crime of murder.
        (b) An actor who is convicted of murder, based on a predicate offense that constitutes a
 separate offense, may also be convicted of, and punished for, the separate offense.
        Section 3. Section 76-5-417 is enacted to read:
                                                       -6-
        01-15-24 8:48 AM                                                      1st Sub. (Buff) H.B. 27
        76-5-417. Sexual relations with an adult high school student.
        (1) (a) As used in this section:
        (i) "Actor" means an individual who is 21 years old or older.
        (ii) "Adult high school student" means an individual who is 18 to 21 years old and
 enrolled at a high school.
        (iii) "High school" means a district, charter, or private school that is comprised of
 grade 9, 10, 11, or 12.
        (iv) "Position of special trust" means the following positions in a high school:
        (A) a teacher;
        (B) an administrator;
        (C) a coach;
        (D) a counselor; or
        (E) an individual other than an individual listed in Subsections (1)(a)(iii)(A) through
 (1)(a)(iii)(D) who occupies a position of authority that enables the individual to exercise undue
 influence over an adult high school student.
        (v) "Sexual intercourse" means any penetration, however slight, of:
        (A) the genitals or anus of an individual by another individual using any body part,
 object, or substance; or
        (B) the mouth of an individual by another individual's genitals.
        (b) Terms defined in Section 76-1-101.5 apply to this section.
        (2) An actor commits sexual relations with an adult high school student if the actor:
        (a) (i) has sexual intercourse with an adult high school student; or
        (ii) with the intent to cause substantial emotional or bodily pain to any individual or
 with the intent to arouse or gratify the sexual desire of any individual:
        (A) touches the anus, buttocks, pubic area, or any part of the genitals of an adult high
 school student;
        (B) touches the breast of a female adult high school student; or
        (C) otherwise takes indecent liberties with an adult high school student;
        (b) occupies a position of special trust in relation to the adult high school student
 described in Subsection (2)(a); and
        (c) knows or should have known that the individual with which the actor committed
                                                      -7-
        1st Sub. (Buff) H.B. 27                                                    01-15-24 8:48 AM
 the acts described in Subsection (2)(a) was an adult high school student.
        (3) A violation of Subsection (2) is a third degree felony.
        (4) Any touching, even if accomplished through clothing, is sufficient to constitute the
 relevant element of a violation of Subsection (2)(a)(ii).
        (5) Consent of an adult high school student to an act described in Subsection (2) is not
 a defense to prosecution under this section.
        Section 4. Section 76-8-301 is amended to read:
        76-8-301. Interference with public servant.
        (1) An individual is guilty of interference with a public servant if, under circumstances
 not amounting to unlawful detention and unlawful detention of a minor as described in Section
 76-5-304, the individual:
        (a) uses force, violence, intimidation, or engages in any other unlawful act with a
 purpose to interfere with a public servant performing or purporting to perform an official
 function;
        (b) obstructs, hinders, conceals, or prevents the lawful service of any legal process,
 civil or criminal, by any sheriff, constable, deputy sheriff, deputy constable, peace officer,
 private investigator, or any other person authorized to serve legal process; or
        (c) on property that is owned, operated, or controlled by the state or a political
 subdivision of the state, willfully denies to a public servant lawful:
        (i) freedom of movement;
        (ii) use of the property or facilities; or
        (iii) entry into or exit from the facilities.
        (2) Interference with a public servant:
        (a) under Subsection (1)(a) or (b) is a class B misdemeanor; and
        (b) under Subsection (1)(c) is a class C misdemeanor.
        (3) For purposes of this section, "public servant" does not include jurors.
        Section 5. Section 76-9-702.9 is enacted to read:
        76-9-702.9. Indecent exposure of another individual.
        (1) (a) As used in this section:
        (i) "Health care professional" means the same as that term is defined in Section
 53-