Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 32 First Substitute (2020GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the list of offenses that qualify a prison inmate serving a sentence for a capital or first degree felony to be sentenced to life in prison without the possibility of parole; and
• makes conforming changes.

Every vote on this bill

Bill text

PRISONER OFFENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Lee B. Perry
LONG TITLE
General Description:
This bill modifies provisions related to an offense committed by a prison inmate.
Highlighted Provisions:
This bill:
▸ modifies the list of offenses that qualify a prison inmate serving a sentence for a
capital or first degree felony to be sentenced to life in prison without the possibility
of parole; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-203.6
, as last amended by Laws of Utah 2016, Chapter 277
76-5-103.5
, as last amended by Laws of Utah 2006, Chapter 102
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-203.6
 is amended to read:
76-3-203.6.
 Enhanced penalty for certain offenses committed by prisoner.
(1) As used in this section, "serving a sentence" means a prisoner is sentenced and
committed to the custody of the Department of Corrections, the sentence has not been
terminated or voided, and the prisoner:
(a) has not been paroled; or
(b) is in custody after arrest for a parole violation.
(2) If the trier of fact finds beyond a reasonable doubt that a prisoner serving a sentence
for a capital felony or a first degree felony commits any offense listed in Subsection (5), 
the
offense is a first degree felony and
 the court shall sentence the defendant to life in prison
without parole.
(3) Notwithstanding Subsection (2), the court may sentence the defendant to an
indeterminate prison term of not less than 20 years and that may be for life if the court finds
that the interests of justice would best be served and states the specific circumstances justifying
the disposition on the record.
(4) Subsection (2) does not apply if the prisoner is younger than 18 years of age at the
time the offense listed in Subsection (5) is committed and is sentenced on or after May 10,
2016.
(5) Offenses referred to in Subsection (2) are:
(a) [
aggravated assault, Section 
76-5-103
] 
aggravated assault by a prisoner, Section
76-5-103.5
;
(b) mayhem, Section 
76-5-105
;
(c) attempted murder, Section 
76-5-203
;
(d) kidnapping, Section 
76-5-301
;
(e) child kidnapping, Section 
76-5-301.1
;
(f) aggravated kidnapping, Section 
76-5-302
;
(g) rape, Section 
76-5-402
;
(h) rape of a child, Section 
76-5-402.1
;
(i) object rape, Section 
76-5-402.2
;
(j) object rape of a child, Section 
76-5-402.3
;
(k) forcible sodomy, Section 
76-5-403
;
(l) sodomy on a child, Section 
76-5-403.1
;
(m) aggravated sexual abuse of a child, Section 
76-5-404.1
;
(n) aggravated sexual assault, Section 
76-5-405
;
(o) aggravated arson, Section 
76-6-103
;
(p) aggravated burglary, Section 
76-6-203
; and
(q) aggravated robbery, Section 
76-6-302
.
(6) The sentencing enhancement described in this section does not apply if:
(a) the offense for which the person is being sentenced is:
(i) a grievous sexual offense;
(ii) child kidnapping, Section 
76-5-301.1
; or
(iii) aggravated kidnapping, Section 
76-5-302
; and
(b) applying the sentencing enhancement provided for in this section would result in a
lower maximum penalty than the penalty provided for under the section that describes the
offense for which the person is being sentenced.
Section 2. Section 
76-5-103.5
 is amended to read:
76-5-103.5.
Aggravated assault by prisoner.
Any prisoner who commits aggravated assault [
not amounting to a violation of Section
76-3-203.6
] is guilty of:
(1) a second degree felony if no serious bodily injury was intentionally caused; or
(2) a first degree felony if serious bodily injury was intentionally caused.