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Senate narrowly approves bill revising bigamy statute after extended debate

Utah State Senate · March 9, 2017
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Summary

After extensive floor debate about enforcement, constitutional language and potential harms to vulnerable people, the Senate approved a first substitute to HB 99 revising bigamy statutes to add cohabitation and enhanced penalties in aggravated circumstances; the vote was 15‑14 in favor.

The Senate on March 9 approved a first substitute to House Bill 99, a high‑profile and heavily debated update to Utah’s bigamy statute.

Sponsor Senator Van Tassel described the measure as an effort to update code language (including cohabitation and a safe‑harbor clause) and to increase penalties where bigamy coexists with other criminal conduct such as fraud, domestic abuse, child abuse, trafficking or similar aggravating circumstances. Van Tassel said the change was drafted with input from the Attorney General’s office to withstand constitutional challenge and that the goal is to give prosecutors tools for egregious cases while avoiding prosecutions of families not involved in criminal behavior.

Several senators voiced concern on the floor. Senator Davis warned the measure could push vulnerable people further underground, making it harder to investigate and help victims. Senator Henderson argued the bill could make it riskier for victims to report crimes and urged caution. Senators asked for clarity on definitions (for example, whether 'inducing marriage' is defined elsewhere) and on consequences for children and foster‑care placements.

Senator Van Tassel and supporters responded that the intent is targeted enforcement against bad actors and that the bill includes a safe‑harbor provision to avoid prosecuting otherwise law‑abiding families. After extended discussion and repeated questions about scope and implementation the Senate voted to pass the first substitute to HB 99; the floor roll call recorded 15 yea votes and 14 nay votes.