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House passes environmental-crimes amendment to align state penalties with federal law

Utah House of Representatives · February 6, 1998
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Summary

House Bill 207, an environmental-crimes amendment that raises certain state criminal penalties and adds a "knowingly" mental-state requirement for some offenses, passed the House after committee discussion; sponsors said the change will better align state penalties with federal standards while protecting defendants with a higher mental-state element.

The Utah House voted to pass House Bill 207, an amendment to the criminal code relating to environmental offenses, after Representative Wright moved the bill from the time-certain calendar.

Sponsor representatives said the bill targets criminal penalties for air, radiation and water pollution and brings state penalties more in line with federal law. The measure adds a "knowingly" standard in one provision on page 1, line 19 of the printed bill and treats multiple emissions in a single release as one offense rather than multiple infractions, a change intended to avoid duplicative punishment.

Sponsor remarks emphasized that the bill does not change civil penalty schemes and that the amendments were crafted to conform to federal statutory language where appropriate. Representatives discussed how aligning criminal penalties could affect whether cases are referred to federal prosecutors; sponsor testimony said the change should not materially increase referrals because federal prosecution is already used for many serious cases.

After committee review and floor summation, the House adopted the bill. Voting was recorded as 65 yes and 3 no on the floor; the bill will proceed to the Senate for further consideration.