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Senate approves change to gang-enhancement sentencing standard in SB16
Summary
Senate Bill 16 passed the Senate after debate about evidentiary standards for gang-enhancement sentencing. Sponsor said the bill aligns enhancement determinations with the preponderance-of-evidence standard used elsewhere following Labrum v. State.
Senate Bill 16, an amendment to gang-enhancement sentencing provisions, passed the Utah Senate on Jan. 27 after floor debate about the correct evidentiary standard judges should apply.
Sponsor Senator Hall said SB16 addresses an inconsistency created by the Utah Supreme Court's decision in Labrum v. State, which the sponsor said had injected a higher standard of proof into enhancement…
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