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House raises minimum sentence for felony murder from 5 to 15 years, adds drive-by shootings
Summary
House Bill 102 passed the House on Feb. 8, 2006, increasing the statutory minimum for first-degree felony murder from five to 15 years, adding drive-by shootings to the list of predicate offenses, and directing courts to consider position of trust as an aggravating factor.
House Bill 102, concerning sentencing for first-degree felony murder, passed the House after sponsor Representative Fout described the bill as a victims-centered clarification of existing indeterminate sentencing practices. Representative Fout said the existing phrasing '5 to life' was distressing to victims who feared a perpetrator could be released after five years; HB102 raises the minimum to 15 years to align statutory language with common practice and victim expectations.
The bill also adds drive-by shootings to the enumerated offenses that can trigger felony-murder treatment and directs courts to consider whether the offender occupied a position of trust as an aggravating factor. Representative Fout cited support from the Utah Council on Victims of Crime, the Utah Sentencing Commission and other prosecutorial and law-enforcement stakeholders.
There was no extended debate on the floor and Representative Fout waived summaration; the House closed voting with HB102 passing 66–0. The bill was referred to the Senate for further consideration.
