Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Safety topic
No spam. Unsubscribe anytime.
House passes bill raising drive‑by shooting to third‑degree felony, 71‑1
Summary
The Utah House approved House Bill 95, elevating drive‑by shootings to a third‑degree felony with penalties that can include up to five years in prison; the vote was 71‑1 and the measure now goes to the Senate. Debate focused on deterrence, mandatory penalties and prison costs.
House Bill 95, a public‑safety measure aimed at drive‑by shootings, passed the Utah House by 71 affirmative votes and one negative vote and will be transmitted to the Senate for further consideration.
Representative Ray Short, the bill’s sponsor, told colleagues the proposal would "be a third degree felony, and that person or individuals can receive up to 5 years incarceration," arguing the increased penalty was needed to protect homeowners and neighborhoods targeted by such attacks. Short linked the package to broader anti‑gang work and presented it as part of a three‑bill effort on gang‑related violence.
Opponents warned the penalty scheme could be excessive. Representative Alan Rushton said elevating the offense could be "killing flies with a hammer," noting that existing law (the Group Penalties Act) already imposes severe sanctions for gang‑related offenses and cautioning that mandatory prison terms would increase state correctional costs. Representative John L. Valentine and others raised cost and sentencing concerns, including the fiscal note attached to prior mandatory sentences.
Supporters urged tougher penalties as a deterrent. Representative John L. Valentine said the criminal code needs to reflect the seriousness of shooting at occupied structures and that a higher felony classification better matches the harm. Representative Jones and others emphasized community fear and cited recent local shootings as justification for the measure.
Representative Lewis summarized sentencing mechanics from the code, noting a third‑degree felony carries a term "not to exceed 5 years" and that the enhanced 3‑year mandatory minimum applies in cases involving "2 or more persons," a construct critics said could be worked around by offenders acting in smaller groups.
The House opened and then closed voting on HB95 and recorded 71 affirmative votes and 1 negative vote. The bill advances to the Senate for consideration.
Next steps: HB95 will be transmitted to the Senate; no Senate action was recorded in today’s session.
