H.B. 369 Fourth Substitute - Criminal Penalty Enhancements for Sexual Offenses

Bill

Criminal Penalty Enhancements for Sexual Offenses

Number: H.B. 369 Fourth Substitute (2017GS)
Sponsor: Rep. Fawson, J.
Final action: Governor Signed 3/28/2017
Outcome: Became law — signed by Gov. Gary R. Herbert

Summary

This bill enacts provisions to enhance penalties related to sexual offenses without the consent of the victim when the actor is infected with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C.

What it does

This bill:
enacts provisions to enhance the classification of a sexual offense if the actor was infected with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C.

Every vote on this bill

2/22/2017House Comm - Held

House Judiciary Committee

11 0 1not eligible / no record

2/24/2017House Comm - Substitute Recommendation from # 0 to # 1

House Judiciary Committee

11 0 1not eligible / no record

2/24/2017House Comm - Favorable Recommendation

House Judiciary Committee

9 2 1not eligible / no record

3/3/2017House/ substituted from # 1 to # 2

House 3rd Reading Calendar for House bills

Voice votenot eligible / no record

3/3/2017House/ passed 3rd reading

Senate Secretary

55 15 5YEA

3/9/2017House/ concurs with Senate amendment

Senate President

59 12 4YEA

3/9/2017Senate/ substituted from # 2 to # 4

Senate 2nd Reading Calendar

Voice votenot eligible / no record

3/9/2017Senate/ floor amendment # 1

Senate 2nd Reading Calendar

Voice votenot eligible / no record

3/9/2017Senate/ passed 2nd & 3rd readings/ suspension

Clerk of the House

27 1 1not eligible / no record

Bill text

enrolled version · official source

CRIMINAL PENALTY ENHANCEMENTS FOR SEXUAL OFFENSES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Justin L. Fawson
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill enacts provisions to enhance penalties related to sexual offenses without the
consent of the victim when the actor is infected with Human Immunodeficiency Virus,
Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C. 
Highlighted Provisions:
This bill:
▸ enacts provisions to enhance the classification of a sexual offense if the actor was
infected with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus,
hepatitis B, or hepatitis C.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-3-203.12
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-203.12
 is enacted to read:
 76-3-203.12.
Enhanced penalty for sexual offenses committed by a person with
Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or
hepatitis C.
(1) A person convicted of a sexual offense described in Chapter 5, Part 4, Sexual
Offenses, is subject to an enhanced penalty if at the time of the sexual offense the person was
infected with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B,
or hepatitis C and the person knew of the infection.
(2) (a) Except as provided in Subsection (2)(b), the enhancement of a penalty described
in Subsection (1) shall be an enhancement of one classification higher than the root offense for
which the person was convicted.
(b) A felony of the first degree is not enhanced under this section.