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Senate advances sentencing changes for first-degree murder after sponsor cites victims’ concerns

Utah Senate · February 27, 2006
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Summary

House Bill 102, tied in debate to the Lori Hacking case, would raise the minimum term for first-degree murder and add aggravating factors including drive-by shootings and breaches of trust; the Senate read it for the third time and it will proceed to the third-reading calendar.

House Bill 102, described on the floor as the "Lori Hacking bill," was presented by Senator Thomas on Feb. 24 as a response to perceived anomalies in Utah's indeterminate sentencing system for first‑degree murder.

Thomas said current sentencing permits a range (historically 5 years to life) and that no person convicted of first‑degree murder had served less than 20 years; the bill would make the minimum term effectively 15 years to life for first‑degree murder and add specific provisions elevating drive‑by shootings to first‑degree murder and creating an aggravating factor when a killer occupies a position of trust relative to the victim. The sponsor and supporters stressed the change is not mandatory in extraordinary cases where early release would be appropriate.

The measure was moved for third reading and the roll call recorded 23 yes votes, 0 nays, with 6 absent; it will proceed according to the regular course for third reading and enrollment.