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House approves bill limiting civil suits by people committing crimes on private property

Utah House of Representatives ยท January 25, 1996
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Summary

The Utah House passed House Bill 8, which creates a civil-defense preventing individuals committing crimes on private property from suing homeowners for injuries sustained while committing the crime. The House approved the measure 65-0 and sent it to the Senate.

The Utah House voted unanimously Tuesday to approve House Bill 8, a measure that would bar people who are committing a crime on residential property from recovering civil damages for injuries incurred while committing that crime.

Representative Lachman, sponsor of House Bill 8, told the chamber the bill "does set that defense" so that a person who is injured while committing a crime in a homeowner's house cannot later successfully sue the homeowner for those injuries. He emphasized the measure does not "give you protections from activities that would otherwise be considered criminal on your part." The Judiciary Committee adopted an amendment changing the statutory language from "felony" to "crime," a change the committee chair said was intended "to extend the trespasses" and include certain misdemeanors like trespass.

Why it matters: Sponsors said the bill is intended to prevent people who illegally enter or remain on residential property from using civil claims to recover from homeowners whose property conditions they exploited while committing crimes. Supporters described it as a narrow civil-defense statute and not a change to criminal law or criminal liability.

The House conducted a roll-call vote after an electronic voting glitch; the Speaker announced the bill passed with 65 yes votes, 0 no votes. The House will forward the bill to the Senate for consideration.

Votes and procedure: The measure was discussed on the floor with questions from members about the scope and effect of the amendment changing "felony" to "crime." Judiciary Chair Representative Howard said the intent was to clarify that a person committing trespass or similar offenses while injured or harmed would not be able to bring a civil suit for those injuries. The final roll-call was read aloud by the clerk and the Speaker announced a unanimous passage.

Next steps: The bill moves to the Senate for its consideration.