Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 433 Second Substitute (2017GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines "targeting a law enforcement officer";
• adds targeting a law enforcement officer to the aggravating factors for aggravated murder; and
• makes aggravated assault a first degree felony if a law enforcement officer is targeted.

Every vote on this bill

Bill text

PENALTY FOR TARGETING LAW ENFORCEMENT OFFICER
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill creates a specific penalty for targeting a law enforcement officer.
Highlighted Provisions:
This bill:
▸ defines "targeting a law enforcement officer";
▸ adds targeting a law enforcement officer to the aggravating factors for aggravated
murder; and
▸ makes aggravated assault a first degree felony if a law enforcement officer is
targeted.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-103
, as last amended by Laws of Utah 2015, Chapter 430
76-5-202
, as last amended by Laws of Utah 2013, Chapter 81
ENACTS:
76-5-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-103
 is amended to read:
76-5-103.
Aggravated assault -- Penalties.
(1) Aggravated assault is an actor's conduct:
(a) that is:
(i) an attempt, with unlawful force or violence, to do bodily injury to another;
(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury
to another; or
(iii) an act, committed with unlawful force or violence, that causes bodily injury to
another or creates a substantial risk of bodily injury to another; and
(b) that includes the use of:
(i) a dangerous weapon as defined in Section 
76-1-601
; or
(ii) other means or force likely to produce death or serious bodily injury.
(2) (a) A violation of Subsection (1) is a third degree felony, except under Subsection
(2)(b).
(b) A violation of Subsection (1) that results in serious bodily injury is a second degree
felony.
(c) Aggravated assault that is a violation of Section 76-5-210, Targeting a law
enforcement officer, and results in serious bodily injury is a first degree felony.
Section 2. Section 
76-5-202
 is amended to read:
76-5-202.
Aggravated murder.
(1) Criminal homicide constitutes aggravated murder if the actor intentionally or
knowingly causes the death of another under any of the following circumstances:
(a) the homicide was committed by a person who is confined in a jail or other
correctional institution;
(b) the homicide was committed incident to one act, scheme, course of conduct, or
criminal episode during which two or more persons were killed, or during which the actor
attempted to kill one or more persons in addition to the victim who was killed;
(c) the actor knowingly created a great risk of death to a person other than the victim
and the actor;
(d) the homicide was committed incident to an act, scheme, course of conduct, or
criminal episode during which the actor committed or attempted to commit aggravated robbery,
robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon
a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, child
abuse as defined in Subsection 
76-5-109
(2)(a), or aggravated sexual assault, aggravated arson,
arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child
kidnapping;
(e) the homicide was committed incident to one act, scheme, course of conduct, or
criminal episode during which the actor committed the crime of abuse or desecration of a dead
human body as defined in Subsection 
76-9-704
(2)(e);
(f) the homicide was committed for the purpose of avoiding or preventing an arrest of
the defendant or another by a peace officer acting under color of legal authority or for the
purpose of effecting the defendant's or another's escape from lawful custody;
(g) the homicide was committed for pecuniary gain;
(h) the defendant committed, or engaged or employed another person to commit the
homicide pursuant to an agreement or contract for remuneration or the promise of remuneration
for commission of the homicide;
(i) the actor previously committed or was convicted of:
(i) aggravated murder under this section;
(ii) attempted aggravated murder under this section;
(iii) murder, Section 
76-5-203
;
(iv) attempted murder, Section 
76-5-203
; or
(v) an offense committed in another jurisdiction which if committed in this state would
be a violation of a crime listed in this Subsection (1)(i);
(j) the actor was previously convicted of:
(i) aggravated assault, Subsection 
76-5-103
(2);
(ii) mayhem, Section 
76-5-105
;
(iii) kidnapping, Section 
76-5-301
;
(iv) child kidnapping, Section 
76-5-301.1
;
(v) aggravated kidnapping, Section 
76-5-302
;
(vi) rape, Section 
76-5-402
;
(vii) rape of a child, Section 
76-5-402.1
;
(viii) object rape, Section 
76-5-402.2
;
(ix) object rape of a child, Section 
76-5-402.3
;
(x) forcible sodomy, Section 
76-5-403
;
(xi) sodomy on a child, Section 
76-5-403.1
;
(xii) aggravated sexual abuse of a child, Section 
76-5-404.1
;
(xiii) aggravated sexual assault, Section 
76-5-405
;
(xiv) aggravated arson, Section 
76-6-103
;
(xv) aggravated burglary, Section 
76-6-203
;
(xvi) aggravated robbery, Section 
76-6-302
;
(xvii) felony discharge of a firearm, Section 
76-10-508.1
; or
(xviii) an offense committed in another jurisdiction which if committed in this state
would be a violation of a crime listed in this Subsection (1)(j);
(k) the homicide was committed for the purpose of:
(i) preventing a witness from testifying;
(ii) preventing a person from providing evidence or participating in any legal
proceedings or official investigation;
(iii) retaliating against a person for testifying, providing evidence, or participating in
any legal proceedings or official investigation; or
(iv) disrupting or hindering any lawful governmental function or enforcement of laws;
(l) the victim is or has been a local, state, or federal public official, or a candidate for
public office, and the homicide is based on, is caused by, or is related to that official position,
act, capacity, or candidacy;
(m) the victim is or has been a peace officer, law enforcement officer, executive
officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror,
probation officer, or parole officer, and the victim is either on duty or the homicide is based on,
is caused by, or is related to that official position, and the actor knew, or reasonably should
have known, that the victim holds or has held that official position;
(n) the homicide was committed:
(i) by means of a destructive device, bomb, explosive, incendiary device, or similar
device which was planted, hidden, or concealed in any place, area, dwelling, building, or
structure, or was mailed or delivered; [
or
]
(ii) by means of any weapon of mass destruction as defined in Section 
76-10-401
; 
or
(iii) to target a law enforcement officer as defined in Section 
76-5-210
;
(o) the homicide was committed during the act of unlawfully assuming control of any
aircraft, train, or other public conveyance by use of threats or force with intent to obtain any
valuable consideration for the release of the public conveyance or any passenger, crew
member, or any other person aboard, or to direct the route or movement of the public
conveyance or otherwise exert control over the public conveyance;
(p) the homicide was committed by means of the administration of a poison or of any
lethal substance or of any substance administered in a lethal amount, dosage, or quantity;
(q) the victim was a person held or otherwise detained as a shield, hostage, or for
ransom;
(r) the homicide was committed in an especially heinous, atrocious, cruel, or
exceptionally depraved manner, any of which must be demonstrated by physical torture, serious
physical abuse, or serious bodily injury of the victim before death;
(s) the actor dismembers, mutilates, or disfigures the victim's body, whether before or
after death, in a manner demonstrating the actor's depravity of mind; or
(t) the victim, at the time of the death of the victim:
(i) was younger than 14 years of age; and
(ii) was not an unborn child.
(2) Criminal homicide constitutes aggravated murder if the actor, with reckless
indifference to human life, causes the death of another incident to an act, scheme, course of
conduct, or criminal episode during which the actor is a major participant in the commission or
attempted commission of:
(a) child abuse, Subsection 
76-5-109
(2)(a);
(b) child kidnapping, Section 
76-5-301.1
;
(c) rape of a child, Section 
76-5-402.1
;
(d) object rape of a child, Section 
76-5-402.3
;
(e) sodomy on a child, Section 
76-5-403.1
; or
(f) sexual abuse or aggravated sexual abuse of a child, Section 
76-5-404.1
.
(3) (a) If a notice of intent to seek the death penalty has been filed, aggravated murder
is a capital felony.
(b) If a notice of intent to seek the death penalty has not been filed, aggravated murder
is a noncapital first degree felony punishable as provided in Section 
76-3-207.7
.
(c) (i) Within 60 days after arraignment of the defendant, the prosecutor may file notice
of intent to seek the death penalty. The notice shall be served on the defendant or defense
counsel and filed with the court.
(ii) Notice of intent to seek the death penalty may be served and filed more than 60
days after the arraignment upon written stipulation of the parties or upon a finding by the court
of good cause.
(d) Without the consent of the prosecutor, the court may not accept a plea of guilty to
noncapital first degree felony aggravated murder during the period in which the prosecutor may
file a notice of intent to seek the death penalty under Subsection (3)(c)(i).
(e) If the defendant was younger than 18 years of age at the time the offense was
committed, aggravated murder is a noncapital first degree felony punishable as provided in
Section 
76-3-207.7
.
(4) (a) It is an affirmative defense to a charge of aggravated murder or attempted
aggravated murder that the defendant caused the death of another or attempted to cause the
death of another 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) This affirmative defense reduces charges only as follows:
(i) aggravated murder to murder; and
(ii) attempted aggravated murder to attempted murder.
(5) (a) Any aggravating circumstance described in Subsection (1) or (2) that constitutes
a separate offense does not merge with the crime of aggravated murder.
(b) A person who is convicted of aggravated murder, based on an aggravating
circumstance described in Subsection (1) or (2) that constitutes a separate offense, may also be
convicted of, and punished for, the separate offense.
Section 3. Section 
76-5-210
 is enacted to read:
 76-5-210.
Targeting a law enforcement officer defined.
"Targeting a law enforcement officer" means the commission of any offense involving
the unlawful use of force and violence against a law enforcement officer, causing serious
bodily injury or death in furtherance of political or social objectives in order to intimidate or
coerce a civilian population or to influence or affect the conduct of a government or a unit of
government.