Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 237 (2020GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• clarifies that aggravated kidnapping is punishable by a prison sentence of life without parole if the defendant causes serious bodily injury to the victim during the course of committing the offense.

Every vote on this bill

Bill text

AGGRAVATED KIDNAPPING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill modifies a provision related to aggravated kidnapping. 
Highlighted Provisions:
This bill:
▸ clarifies that aggravated kidnapping is punishable by a prison sentence of life
without parole if the defendant causes serious bodily injury to the victim during the
course of committing the offense.
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 2019, Chapter 106
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) 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 
individual
;
(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
(b) Section 
76-5-304
, unlawful detention.
(3) Aggravated kidnapping in the course of committing unlawful detention is a third
degree felony.
(4) Aggravated kidnapping is a first degree felony punishable by a term of
imprisonment of:
(a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and
which may be for life;
(b) except as provided in Subsection (4)(c) or (5), 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 
the victim or
 another 
individual
; 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.
(5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a
lesser term than the term described in Subsection (4)(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 (4)(b), 15 years and which may be for life; or
(b) for purposes of Subsection (4)(a) or (b):
(i) 10 years and which may be for life; or
(ii) six years and which may be for life.
(6) The provisions of Subsection (5) do not apply when a person is sentenced under
Subsection (4)(c).
(7) Subsections (4)(b) and (c) do not apply if the defendant was younger than 18 years
of age at the time of the offense.
(8) Imprisonment under Subsection (4) is mandatory in accordance with Section
76-3-406
.