Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass with amendment a bill that expands penalty enhancements for hate crimes.

Highlights:

• Defines “personal attribute” to include (Sec. 1):

• Age, ancestry, disability, ethnicity, or national origin;

• Race, religion, sex, or sexual orientation;

• Familial status, gender identity, or marital status;

• Homelessness, matriculation, political expression; and

• Service in the US armed forces, status as an emergency first responder, or status as a law enforcement officer, correctional officer, or special function officer.

• Specifies that a defendant will be subject to enhanced penalties if they intentionally select the victim of their offense, or damage the victim’s property, because of the defendant’s belief or perception regarding the victim’s personal attribute or personal attribute of another individual or group of individuals with whom the victim has a relationship (Sec. 1).

• Specifies that if it is found beyond a reasonable doubt that the defendant committed a criminal offense because of an individual’s personal attributes, they will receive the following enhanced penalties (Sec. 1):

• A class C misdemeanor is a class B misdemeanor;

• A class B misdemeanor is a class A misdemeanor;

• A class A misdemeanor is a third-degree felony;

• A third-degree felony shall be a third-degree felony punishable by an indeterminate term of imprisonment of not less than 1 year and no more than 5 years; and

• A second-degree felony shall be a second-degree felony punishable by an indeterminate term of imprisonment of not less than 2 years and no more than 15 years.

Full Bill Text