Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 136 First Substitute (2016GS)

Sponsor

Rep. Ray, P.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• changes the penalty for aggravated human trafficking from a first degree penalty to a capital offense if the victim is 17 years old or younger and the offense results in the death of the trafficked person; and
• prohibits the reduction of any sentence for the aggravated trafficking of a minor.

Every vote on this bill

Bill text

HUMAN TRAFFICKING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding the penalty for aggravated human
trafficking offenses involving a child.
Highlighted Provisions:
This bill:
▸ changes the penalty for aggravated human trafficking from a first degree penalty to
a capital offense if the victim is 17 years old or younger and the offense results in
the death of the trafficked person; and
▸ prohibits the reduction of any sentence for the aggravated trafficking of a minor.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-406
, as last amended by Laws of Utah 2011, Chapter 366
76-5-310
, as last amended by Laws of Utah 2015, Chapter 160
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-406
 is amended to read:
76-3-406.
Crimes for which probation, suspension of sentence, lower category of
offense, or hospitalization may not be granted.
Notwithstanding Sections 
76-3-201
 and 
77-18-1
 and Title 77, Chapter 16a,
Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
76-5-406.5
, probation [
shall
] 
may
 not be granted, the execution or imposition of sentence
[
shall
] 
may
 not be suspended, the court [
shall
] 
may
 not enter a judgment for a lower category
of offense, and hospitalization [
shall
] 
may
 not be ordered, the effect of which would in any way
shorten the prison sentence for any person who commits a capital felony or a first degree felony
involving:
(1) Section 
76-5-202
, aggravated murder;
(2) Section 
76-5-203
, murder;
(3) Section 
76-5-301.1
, child kidnaping;
(4) Section 
76-5-302
, aggravated kidnaping;
(5) Section 
76-5-310
, aggravated human trafficking;
[
(5)
] 
(6)
 Section 
76-5-402
, rape, if the person is sentenced under Subsection
76-5-402
(3)(b), (3)(c), or (4);
[
(6)
] 
(7)
 Section 
76-5-402.1
, rape of a child;
[
(7)
] 
(8)
 Section 
76-5-402.2
, object rape, if the person is sentenced under Subsection
76-5-402.2
(1)(b), (1)(c), or (2);
[
(8)
] 
(9)
 Section 
76-5-402.3
, object rape of a child;
[
(9)
] 
(10)
 Section 
76-5-403
, forcible sodomy, if the person is sentenced under
Subsection 
76-5-403
(4)(b), (4)(c), or (5);
[
(10)
] 
(11)
 Section 
76-5-403.1
, sodomy on a child;
[
(11)
] 
(12)
 Section 
76-5-404
, forcible sexual abuse, if the person is sentenced under
Subsection 
76-5-404
(2)(b) or (3);
[
(12)
] 
(13)
 Subsections 
76-5-404.1
(4) and (5), aggravated sexual abuse of a child;
[
(13)
] 
(14)
 Section 
76-5-405
, aggravated sexual assault; or
[
(14)
] 
(15)
 any attempt to commit a felony listed in Subsection [
(6)
] 
(7)
, [
(8)
] 
(9)
, or
[
(10)
] 
(11)
.
Section 2. Section 
76-5-310
 is amended to read:
76-5-310.
Aggravated human trafficking and aggravated human smuggling --
Penalties.
(1) An actor commits aggravated human trafficking for forced labor or forced sexual
exploitation or aggravated human smuggling if, in the course of committing a human
trafficking for forced labor or for forced sexual exploitation, a violation of Section 
76-5-308
, or
human smuggling offense under Section 
76-5-308
, the offense:
(a) results in the death of the trafficked or smuggled person;
(b) results in serious bodily injury of the trafficked or smuggled person;
(c) involves:
(i) rape under Section 
76-5-402
;
(ii) rape of a child under Section 
76-5-402.1
;
(iii) object rape under Section 
76-5-402.2
;
(iv) object rape of a child under Section 
76-5-402.3
;
(v) forcible sodomy under Section 
76-5-403
;
(vi) sodomy on a child under Section 
76-5-403.1
;
(vii) aggravated sexual abuse of a child under Section 
76-5-404.1
; or
(viii) aggravated sexual assault under 
Section
76-5-405
;
(d) involves 10 or more victims in a single episode of human trafficking or human
smuggling; or
(e) involves a victim who is held against the victim's will for longer than 30
consecutive days.
(2) An actor commits aggravated human smuggling if the actor commits human
smuggling under Section 
76-5-308
 and any human being whom the person engages in
smuggling is:
(a) a child; and
(b) not accompanied by a family member who is 18 years of age or older.
(3) (a) Aggravated human trafficking is a first degree felony
, except that a human
trafficking violation of Subsection (1)(a) is a capital felony if the victim is 17 years old or
younger
.
(b) Aggravated human smuggling is a second degree felony.
(c) Aggravated human trafficking and aggravated human smuggling are each a separate
offense from any other crime committed in relationship to the commission of either of these
offenses.
Legislative Review Note
Office of Legislative Research and General Counsel