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House clarifies felony-murder liability, adds methamphetamine production to predicate offenses
Summary
House Bill 270 passed unanimously, clarifying that participants in felonies that result in death can be charged under the felony-murder statute and adding methamphetamine production to the list of predicate felonies. Sponsor Representative Swallow said prosecutors and the Attorney General support the change.
The Utah House unanimously passed House Bill 270 on Feb. 15 to clarify who may be charged under the felony-murder statute and to add participation in methamphetamine production as a predicate offense.
Representative Swallow, the bill’s sponsor, told members that the measure codifies an existing interpretation and clarifies that participants in a felony that results in a death can be charged with murder even if they did not pull the trigger. "If you're in the engagement of a felony and it causes the death of someone even if you didn't actually pull the trigger ... then you could be charged with murder for causing [that death]," Swallow said, explaining the bill’s intent to ensure accountability for accomplices including getaway drivers.
Swallow also said the change responds to concerns from the statewide association of prosecutors and the Attorney General's Office; the bill explicitly lists predicate offenses and adds methamphetamine lab participation to that list. When members asked whether the change improves law enforcement's ability to reach accessories, Swallow said prosecutors had reported difficulties charging all participants under the current language.
The House recorded 72 yes votes and 0 no votes; the bill will be referred to the Senate for further action.
