Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 238 (2020GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides for an offense reduction for an individual convicted of an offense if the individual committed the offense as a result of cohabitant abuse; and
• provides procedures for proving and finding an individual is entitled to the offense reduction in court.

Every vote on this bill

Bill text

BATTERED PERSON MITIGATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill provides for mitigation of certain criminal charges related to cohabitant abuse.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for an offense reduction for an individual convicted of an offense if the
individual committed the offense as a result of cohabitant abuse; and
▸ provides procedures for proving and finding an individual is entitled to the offense
reduction in court. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-2-409
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-2-409
 is enacted to read:
 76-2-409.
Battered person mitigation.
(1) As used in this section:
(a) "Abuse" means the same as that term is defined in Section 
78B-7-102
.
(b) "Cohabitant" means:
(i) the same as that term is defined in Section 
78B-7-102
; or
(ii) the relationship of a minor and a natural parent, an adoptive parent, a stepparent, or
an individual living with the minor's natural parent as if a stepparent to the minor.
(2) (a) An individual is entitled to battered person mitigation if:
(i) the individual committed a criminal offense that was not legally justified;
(ii) the individual committed the criminal offense against a cohabitant who
demonstrated a pattern of abuse against the individual or another cohabitant of the individual;
and
(iii) the individual reasonably believed that the criminal offense was necessary to end
the pattern of abuse.
(b) A reasonable belief under Subsection (2)(a) is determined from the viewpoint of a
reasonable person in the individual's circumstances, as the individual's circumstances are
perceived by the individual.
(3) An individual claiming mitigation under Subsection (2)(a) has the burden of
proving, by clear and convincing evidence, each element that would entitle the individual to
mitigation under Subsection (2)(a).
(4) Mitigation under Subsection (2)(a) results in a one-step reduction of the level of
offense of which the individual is convicted.
(5) (a) If the trier of fact is a jury, an individual is not entitled to mitigation under
Subsection (2)(a) unless the jury:
(i) finds the individual proved, in accordance with Subsection (3), that the individual is
entitled to mitigation by unanimous vote; and
(ii) returns a special verdict for the reduced charge at the same time the jury returns the
general verdict.
(b) A nonunanimous vote by the jury on the question of mitigation under Subsection
(2)(a) does not result in a hung jury.
(6) An individual intending to claim mitigation under Subsection (2)(a) at the
individual's trial shall give notice of the individual's intent to claim mitigation under
Subsection (2)(a) to the prosecuting agency at least 30 days before the individual's trial.