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House approves "three‑strikes" habitual‑offender bill amid endorsement from prosecutors

Utah House of Representatives · January 26, 1995
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Summary

House Bill 46, introduced by Rep. John W. Hickman, would raise penalties for repeat violent offenders and instruct the Board of Pardons to treat habitual status as an aggravating factor; the House passed the bill on a 68‑0 vote and sent it to the Senate.

Representative John W. Hickman presented House Bill 46, describing it as a measure to incorporate a "three strikes you're out" concept into Utah law. Hickman said the bill defines habitual violent offenders as people convicted of violent felonies multiple times and increases penalties for repeat offenders; he said the measure had been studied and endorsed by the Sentencing Commission, the Commission on Criminal and Juvenile Justice, the Law Enforcement Legislative Committee and the Statewide Association of Prosecutors.

Hickman explained that under the bill some offenses would be upgraded in degree: a new second‑ or third‑degree felony could be treated as a first‑degree felony and a new first‑degree felony would make an offender ineligible for probation. "This bill incorporates the 3 strikes you're out concept in Utah law," Hickman said, adding that prosecutors and the Board of Pardons view the change as a tool for keeping dangerous offenders incarcerated longer.

Representatives who spoke in support described the measure as studied and sensible; no extended floor opposition was recorded in the transcript. The House voted to pass HB46 (68 yes, 0 no). The bill will be transmitted to the Senate for its consideration.