Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 287 Third Substitute (2018GS)

Sponsor

Rep. Snow, V. L.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• removes unlawful detention from the aggravating kidnapping statute; and
• clarifies that kidnapping is the only lesser included offense of aggravated kidnapping.

Every vote on this bill

Bill text

AGGRAVATED KIDNAPPING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill clarifies that unlawful detention is not a predicate offense for aggravated
kidnapping.
Highlighted Provisions:
This bill:
▸ removes unlawful detention from the aggravating kidnapping statute; and
▸ clarifies that kidnapping is the only lesser included offense of aggravated
kidnapping.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-302
, as last amended by Laws of Utah 2013, Chapter 81
76-5-306
, as last amended by Laws of Utah 2012, Chapter 39
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-302
 is amended to read:
76-5-302.
Aggravated kidnapping.
(1) An actor commits aggravated kidnapping if the actor, in the course of committing
[
unlawful detention or
] kidnapping:
(a) possesses, uses, or threatens to use a dangerous weapon as defined in Section
76-1-601
; or
(b) acts with intent:
(i) to hold the victim for ransom or reward, or as a shield or hostage, or to compel a
third person to engage in particular conduct or to forbear from engaging in particular conduct;
(ii) to facilitate the commission, attempted commission, or flight after commission or
attempted commission of a felony;
(iii) to hinder or delay the discovery of or reporting of a felony;
(iv) to inflict bodily injury on or to terrorize the victim or another;
(v) to interfere with the performance of any governmental or political function; or
(vi) to commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual
Offenses.
(2) As used in this section, "in the course of committing [
unlawful detention or
]
kidnapping" means in the course of committing, attempting to commit, or in the immediate
flight after the attempt or commission of a violation of[
: (a)
] Section 
76-5-301
, [
kidnapping;
or
] 
Kidnapping.
[
(b) Section 
76-5-304
, unlawful detention.
]
(3) Aggravated kidnapping is a first degree felony punishable by a term of
imprisonment of:
(a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and
which may be for life;
(b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact
finds that during the course of the commission of the aggravated kidnapping the defendant
caused serious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of the
aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.
(4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a
lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and
states the reasons for this finding on the record, the court may impose a term of imprisonment
of not less than:
(a) for purposes of Subsection (3)(b), 15 years and which may be for life; or
(b) for purposes of Subsection (3)(a) or (b):
(i) 10 years and which may be for life; or
(ii) six years and which may be for life.
(5) The provisions of Subsection (4) do not apply when a person is sentenced under
Subsection (3)(c).
(6) Subsections (3)(b) and (3)(c) do not apply if the defendant was younger than 18
years of age at the time of the offense.
(7) Imprisonment under this section is mandatory in accordance with Section 
76-3-406
.
Section 2. Section 
76-5-306
 is amended to read:
76-5-306.
Lesser included offense.
[
In
] 
For the purposes of
 this part, [
the following offenses are
] 
Section 
76-5-301
,
Kidnapping, is a
 lesser included [
offenses
] 
offense
 of Section 
76-5-302
, aggravated
kidnapping[
:
]
.
[
(1) Section 
76-5-301
, kidnapping; and
]
[
(2) Section 
76-5-304
, unlawful detention or unlawful detention of a minor.
]
Legislative Review Note
Office of Legislative Research and General Counsel