6 Approved for Filing: J. Rogers 6 1st Sub. (Buff)
6 02-12-24 4:00 PM 6
Representative Sahara Hayes proposes the following substitute bill:
5 Chief Sponsor: Sahara Hayes
6 Senate Sponsor: Todd D. Weiler
9 General Description:
10 This bill prohibits the use of special mitigation to reduce a criminal homicide offense
11 based on a victim's sex, gender identity, or sexual orientation.
12 Highlighted Provisions:
13 This bill:
14 < prohibits an actor from using a victim's sex, gender identity, or sexual orientation as
15 a special mitigation to reduce an offense of criminal homicide or attempted criminal
16 homicide; and
17 < makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses: 1st Sub. H.B. 187
21 None
22 Utah Code Sections Affected:
24 76-5-205.5, as last amended by Laws of Utah 2023, Chapter 184
1st Sub. (Buff) H.B. 187 02-12-24 4:00 PM
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-5-205.5 is amended to read:
28 76-5-205.5. Special mitigation for mental condition or provocation -- Burden of
29 proof -- Charge reduction.
30 (1) (a) As used in this section:
31 (i) (A) "Extreme emotional distress" means an overwhelming reaction of anger, shock,
32 or grief that:
33 (I) causes the defendant to be incapable of reflection and restraint; and
34 (II) would cause an objectively reasonable person to be incapable of reflection and
35 restraint.
36 (B) "Extreme emotional distress" does not include:
37 (I) a condition resulting from a mental condition; [or]
38 (II) distress that is substantially caused by the defendant's own conduct[.]; or
39 (III) distress caused by the defendant's discovery, defendant's knowledge, or the
40 disclosure of the victim's actual or perceived sex, gender identity, or sexual orientation,
41 including under circumstances in which the victim made an unwanted nonforcible romantic or
42 sexual advance toward the defendant.
43 (ii) "Mental condition" means the same as that term is defined in Section 76-2-305.
44 (b) The terms defined in Section 76-1-101.5 apply to this section.
45 (2) Special mitigation exists when a defendant causes the death of another individual or
46 attempts to cause the death of another individual:
47 (a) (i) under circumstances that are not legally justified, but the defendant acts under a
48 delusion attributable to a mental condition;
49 (ii) the nature of the delusion is such that, if the facts existed as the defendant believed
50 them to be in the delusional state, those facts would provide a legal justification for the
51 defendant's conduct; and
52 (iii) the defendant's actions, in light of the delusion, are reasonable from the objective
53 viewpoint of a reasonable person; or
54 (b) except as provided in Subsection (4), under the influence of extreme emotional
55 distress that is predominantly caused by the victim's highly provoking act immediately
56 preceding the defendant's actions.
02-12-24 4:00 PM 1st Sub. (Buff) H.B. 187
57 (3) A defendant who is under the influence of voluntarily consumed, injected, or
58 ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense
59 may not claim mitigation of the offense under Subsection (2)(a) on the basis of a mental
60 condition if the alcohol or substance causes, triggers, or substantially contributes to the
61 defendant's mental condition.
62 (4) A defendant may not claim special mitigation under Subsection (2)(b) if:
63 (a) the time period after the victim's highly provoking act and before the defendant's
64 actions was long enough for an objectively reasonable person to have recovered from the
65 extreme emotional distress;
66 (b) the defendant responded to the victim's highly provoking act by inflicting serious or
67 substantial bodily injury on the victim over a prolonged period, or by inflicting torture on the
68 victim, regardless of whether the victim was conscious during the infliction of serious or
69 substantial bodily injury or torture; or
70 (c) the victim's highly provoking act, described in Subsection (2)(b), is comprised of
71 words alone.
72 (5) If the trier of fact finds that the elements of aggravated murder, attempted
73 aggravated murder, murder, or attempted murder are proven beyond a reasonable doubt, and
74 also finds that the existence of special mitigation under this section is established by a
75 preponderance of the evidence, the court shall enter a judgment of conviction in accordance
76 with Subsection 76-5-202(3)(f)(i), 76-5-202(3)(f)(ii), 76-5-203(3)(b)(i), or 76-5-203(3)(b)(ii),
77 respectively.
78 (6) If the issue of special mitigation is submitted to the trier of fact, the trier of fact
79 shall return a special verdict at the same time as the general verdict, indicating whether it finds
80 special mitigation.
81 (7) (a) If a jury is the trier of fact, a unanimous vote of the jury is required to find
82 special mitigation under this section.
83 (b) If the jury unanimously finds that the elements of an offense described in
84 Subsection (5) are proven beyond a reasonable doubt, and finds special mitigation by a
85 unanimous vote, the jury shall return a general verdict finding the defendant guilty of the
86 charged crime and a special verdict indicating special mitigation.
87 (c) If the jury unanimously finds that the elements of an offense described in
1st Sub. (Buff) H.B. 187 02-12-24 4:00 PM
88 Subsection (5) are proven beyond a reasonable doubt but finds by a unanimous vote that
89 special mitigation is not established, or if the jury is unable to unanimously agree that special
90 mitigation is established, the jury shall convict the defendant of the greater offense for which
91 the prosecution proves all the elements beyond a reasonable doubt.
92 Section 2. Effective date.
93 This bill takes effect on May 1, 2024.

Statutes affected:
H.B. 187 1st Substitute (Not Adopted) Text: 76-5-205.5