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House Passes Amendment Narrowing Criminal Liability for Firing Toward Dwellings

Utah House of Representatives · March 5, 2003
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Summary

The House accepted an amendment to Senate Bill 251 clarifying the offense requires intentional, knowing firing toward an occupied building; the bill passed the House 44-28 and will return to the Senate.

The Utah House voted to pass Senate Bill 251 after accepting an amendment that tightened the statute to require intentional and knowing firing toward a dwelling or occupied vehicle.

The sponsor of the amendment said the language makes the offense explicit: the actor must intentionally and knowingly fire toward a building with the intent to cause harm. "This makes the bill much better," the sponsor said on the floor, adding the rearrangement of paragraphs improves how judges will interpret the law.

Members asked whether the change duplicates existing law or city ordinances. The sponsor explained the amendment responds to enforcement problems observed in specific jurisdictions and that the fishing/game statutes handled rural cases but not the full range of incidents the bill targets. Supporters argued the amendment clarified intent and eliminated ambiguity for future prosecutions.

The House recorded the final vote on SB251 as 44 yes and 28 no; the clerk said the bill "passes this body" and it will be returned to the Senate for their consideration.

Why it matters: The amendment changes the mens rea (mental state) required for the offense, which can affect prosecutions and whether conduct is criminalized statewide rather than left to municipal ordinances.

What happens next: The House returned SB251 to the Senate for further consideration and signature.