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Senate advances gang-related sentencing changes and raises some felony thresholds

Utah State Senate · January 25, 2010
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Summary

Senators advanced SB 10 to enhance penalties for crimes committed in association with criminal street gangs, adjust the aggravated-assault standard, and raise some monetary thresholds for felony theft; the bill carries an estimated fiscal note of about $50,000 this year and was placed on the third-reading calendar.

Senate Bill 10, described by sponsor Senator Greiner as the "heart of the gang legislation," was presented to the Senate and advanced to the third-reading calendar following a roll-call vote.

Greiner told colleagues the bill enhances penalties for crimes committed in concert with two or more people or when offenses are associated with a criminal street gang. It also makes aggravated assault that results in serious bodily injury a second-degree felony regardless of whether the actor intended to cause serious bodily injury, and it adjusts time windows and dollar thresholds used to classify theft and other offenses. "It's the heart of the gang legislation bill that we began running 3 years ago," Greiner said, summarizing the bill’s coverage.

The sponsor and fiscal analysts discussed the bill’s budget implications: the bill carried an estimated fiscal note of about $50,000 this year with an anticipated revenue effect two years out (Greiner cited about $30,000 projected revenue in two years). Senators asked clarifying questions about juvenile certification factors and scope; Greiner said the juvenile-court factors would include whether the juvenile engaged in criminal activity in association with a criminal street gang.

After discussion, the Senate voted to place SB 10 on the third-reading calendar. The clerk recorded, "Senate bill 10, having received 27 yay votes, 0 nay votes, 2 being absent, passes" and placed it on the third-reading calendar.