Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Criminal Justice topic
No spam. Unsubscribe anytime.
House clarifies gang-enhancement standard after court ruling
Summary
The House approved Senate Bill 16 to restore a lower standard of proof for sentencing enhancements tied to gang participation, reversing a court-of-appeals interpretation. The measure passed 68-2.
Lawmakers on Feb. 10 approved Senate Bill 16, a change to Utah’s gang-enhancement sentencing statute intended to respond to a court decision. Representative Gary Cox, the sponsor, said the Court of Appeals in State v. Labrum had read the statute to require proof beyond a reasonable doubt that two or more other persons participated, a standard Cox described as more stringent than intended. "What this bill does very simply is clarifies that in determining whether to impose the gang enhancement provision, a judge is to use the same standard ... the preponderance of the evidence," Cox said.
Supporters described the bill as consistent with legislative intent when the enhancement was enacted in 1990 and said the change restores sentencing discretion aligned with other sentencing considerations. There were no substantive amendments on the floor and the House passed SB16 68-2.
The bill will be returned as appropriate for final processing after House action.
