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Utah Senate advances hate-crime sentencing-enhancement bill after extended debate
Summary
The Utah Senate voted to move SB 37, a bill to enhance penalties for bias-motivated crimes, to third reading after lengthy floor debate about constitutional limits, evidentiary rules and community safety. The measure passed 21–7 with one absent.
Sen. Suazo moved and the Utah Senate voted to advance Senate Bill 37, a sentencing-enhancement measure for bias-motivated crimes, to third reading after an extended floor debate that split the chamber.
The bill’s sponsor, Sen. Suazo, told colleagues the measure would strengthen an ineffective Utah hate-crime statute and said the text follows established precedent: “If the trier of fact finds beyond a reasonable doubt that the defendant in committing an offense selected the victim primarily because of bias or prejudice against a group, the enhanced penalty for a class B misdemeanor would become a class A misdemeanor.” He cited the U.S. Supreme Court decision Wisconsin v. Mitchell (1993) and said prosecutors and law-enforcement groups supported the change as a narrow sentencing tool, not a new category of special rights.
Opponents—including Sen. Gladwell—argued the measure risks punishing beliefs and could lead to uneven results. Gladwell, a former prosecutor, warned the amendment could allow juries to be swayed by background material and said, in effect, “we set up a new hierarchy of noses,” arguing the criminal code should focus on conduct and injury. Supporters, including Sen. Hilliard, said the bill narrows the scope to cases where bias is the primary motivating factor and stressed that prosecutors would pursue only the most egregious cases.
During debate sponsors and senators referenced state Bureau of Criminal Identification statistics showing recorded hate incidents since 1993 and offered examples of vandalism and intimidation that they said current statutes left poorly addressed. Multiple senators emphasized the measure is a sentencing enhancement — to raise penalties by one degree in proven cases — rather than creating new substantive crimes.
On the roll call, SB 37 received 21 aye votes, 7 no votes and 1 absence. The bill now goes to the third reading calendar where it may be read for final passage.
The Senate adjourned after a recess and returned later in the day to continue committee reports and second-reading business.
