Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 84 First Substitute (2018GS)

Sponsor

Rep. Ray, P.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends the definition of "predicate offense" for the crime of murder to include, after failing to stop at an officer's signal:
• operating the vehicle in a dangerous manner; or
• attempting to flee; and
• makes technical changes.

Every vote on this bill

Bill text

FELONY FLEEING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor:
 David P. Hinkins
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding the offense of murder. 
Highlighted Provisions:
This bill:
▸ amends the definition of "predicate offense" for the crime of murder to include,
after failing to stop at an officer's signal:
• operating the vehicle in a dangerous manner; or
• attempting to flee; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-210
, as renumbered and amended by Laws of Utah 2005, Chapter 2
76-5-203
, as last amended by Laws of Utah 2009, Chapters 125 and 206
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-210
 is amended to read:
41-6a-210.
Failure to respond to officer's signal to stop -- Fleeing -- Causing
property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle
-- Penalties.
(1) (a) An operator who receives a visual or audible signal from a peace officer to bring
the vehicle to a stop may not:
(i) operate the vehicle in willful or wanton disregard of the signal so as to 
 endanger an
individual or 
 interfere with or endanger the operation of any vehicle [
or person
]; or
(ii) attempt to flee or elude a peace officer by vehicle or other means.
(b) (i) [
A person
] 
An individual
 who violates Subsection (1)(a) is guilty of a felony of
the third degree.
(ii) The court shall, as part of any sentence under this Subsection (1), impose a fine of
not less than $1,000.
(2) (a) An operator who violates Subsection (1)
(a)
 and while so doing causes [
death or
]
serious bodily injury to another [
person, under circumstances not amounting to murder or
aggravated murder
] 
 individual, which does not result in the individual's death 
, is guilty of a
felony of the second degree.
(b) The court shall, as part of any sentence under this Subsection (2), impose a fine of
not less than $5,000.
(3) (a) In addition to the penalty provided under this section or any other section, [
a
person
] 
 an individual 
 who violates Subsection (1)(a) or (2)(a) shall have the [
person's
]
individual's
 driver license revoked under Subsection 
53-3-220
(1)(a)(ix) for a period of one
year.
(b) (i) The court shall forward the report of the conviction to the division.
(ii) If the [
person
] 
individual
 is the holder of a driver license from another jurisdiction,
the division shall notify the appropriate officials in the licensing state.
Section 2. Section 
76-5-203
 is amended to read:
76-5-203.
Murder.
(1) As used in this section, "predicate offense" means:
 (a) failure to respond to an officer's signal to stop under Subsection 
41-6a-210
(1)(a); 
[
(a)
] 
(b)
 a clandestine drug lab violation under Section 
58-37d-4
 or 
58-37d-5
;
[
(b)
] 
(c)
 child abuse, under Subsection 
76-5-109
(2)(a), when the victim is younger than
18 years of age;
[
(c)
] 
(d)
 kidnapping under Section 
76-5-301
;
[
(d)
] 
(e)
 child kidnapping under Section 
76-5-301.1
;
[
(e)
] 
(f)
 aggravated kidnapping under Section 
76-5-302
;
[
(f)
] 
(g)
 rape of a child under Section 
76-5-402.1
;
[
(g)
] 
(h)
 object rape of a child under Section 
76-5-402.3
;
[
(h)
] 
(i)
 sodomy upon a child under Section 
76-5-403.1
;
[
(i)
] 
(j)
 forcible sexual abuse under Section 
76-5-404
;
[
(j)
] 
(k)
 sexual abuse of a child or aggravated sexual abuse of a child under Section
76-5-404.1
;
[
(k)
] 
(l)
 rape under Section 
76-5-402
;
[
(l)
] 
(m)
 object rape under Section 
76-5-402.2
;
[
(m)
] 
(n)
 forcible sodomy under Section 
76-5-403
;
[
(n)
] 
(o)
 aggravated sexual assault under Section 
76-5-405
;
[
(o)
] 
(p)
 arson under Section 
76-6-102
;
[
(p)
] 
(q)
 aggravated arson under Section 
76-6-103
;
[
(q)
] 
(r)
 burglary under Section 
76-6-202
;
[
(r)
] 
(s)
 aggravated burglary under Section 
76-6-203
;
[
(s)
] 
(t)
 robbery under Section 
76-6-301
;
[
(t)
] 
(u)
 aggravated robbery under Section 
76-6-302
;
[
(u)
] 
(v)
 escape or aggravated escape under Section 
76-8-309
; or
[
(v)
] 
(w)
 a felony violation of Section 
76-10-508
 or 
76-10-508.1
 regarding discharge of
a firearm or dangerous weapon.
(2) Criminal homicide constitutes murder if:
(a) the actor intentionally or knowingly causes the death of another;
(b) intending to cause serious bodily injury to another, the actor commits an act clearly
dangerous to human life that causes the death of another;
(c) acting under circumstances evidencing a depraved indifference to human life, the
actor knowingly engages in conduct which creates a grave risk of death to another and thereby
causes the death of another;
(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) [
a person
] 
an individual
 other than a party as defined 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 a peace officer; [
or
]
 (iii) failure to respond to an officer's signal to stop under Subsection 
41-6a-210
(1)(a);
or 
[
(iii)
] 
(iv)
 an assault against a military service member in uniform under Section
76-5-102.4
;
(f) commits a homicide which would be aggravated murder, but the offense is reduced
pursuant to Subsection 
76-5-202
(4); or
(g) the actor commits aggravated murder, but special mitigation is established under
Section 
76-5-205.5
.
(3) (a) Murder is a first degree felony.
(b) [
A person
] 
An individual
 who is convicted of murder shall be sentenced to
imprisonment for an indeterminate term of not less than 15 years and which may be for life.
(4) (a) It is an affirmative defense to a charge of murder or attempted 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 from:
(i) murder to manslaughter; and
(ii) attempted murder to attempted manslaughter.
(5) (a) Any predicate offense described in Subsection (1) that constitutes a separate
offense does not merge with the crime of murder.
(b) [
A person
] 
An individual
 who is convicted of murder, based on a predicate offense
described in Subsection (1) that constitutes a separate offense, may also be convicted of, and
punished for, the separate offense.
Legislative Review Note
Office of Legislative Research and General Counsel