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Senate adopts third-substitute House Bill 8 limiting certain civil suits tied to criminal conduct
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Summary
The Utah Senate voted to adopt a third substitute to House Bill 8, narrowing when people injured while committing crimes may sue property owners; sponsors said the change prevents plaintiffs who committed felonies from bringing suit and raises proof standards for some misdemeanors. The bill goes to the House.
The Utah State Senate on Feb. 23 adopted the conference committee report and gave final passage to third substitute House Bill 8, a measure that narrows civil liability for property owners when the injured party entered with criminal intent.
Senator Lyle Hilliard, who served on the conference committee, said the substitute replaces the prior text and limits cases in which a person who wrongfully entered property can recover. He described the bill’s core rule: a plaintiff who is found guilty of a felony related to the incident cannot bring a civil action; for lesser crimes, the plaintiff must show by “clear and convincing evidence” that they were less culpable than the landowner. “The situation would be that in almost every circumstances I can think of generally there’d be no cause of action,” Hilliard said in floor remarks explaining the policy trade-offs.
Supporters told the Senate they had negotiated the text in committee and intended the bill to protect property owners while preserving narrow remedies for exceptional circumstances. The conference committee that reported the substitute included Senators Polson, Hilliard and Money and Representatives Lachman, Anderson and Ura; Senator Poulton signed the report as Senate committee chair and Sue Lachman as House committee chair.
The Senate adopted the conference committee report, concurred, and held a roll-call final passage. The presiding officer announced that the chamber recorded 17 aye votes, no nay votes, and 12 absent; the bill was transmitted to the House for its consideration. No amendments were adopted on the final floor vote. Further legislative steps will be taken in the House committee process.
