02-24 14:07 H.B. 549
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Antidiscrimination Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions relating to antisemitism.
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Highlighted Provisions:
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This bill:
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▸ defines "antisemitism";
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▸ provides that a person is entitled to equal accommodation in all business establishments
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and places of public accommodation within the state without discrimination on the basis
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of antisemitism; and
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▸ provides that when making a determination related to a penalty enhancement, a trier of
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fact shall consider whether an action was motivated by antisemitism.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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13-7-2, as last amended by Laws of Utah 2018, Chapter 130
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13-7-3, as last amended by Laws of Utah 2024, Chapter 155
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76-3-203.14, as enacted by Laws of Utah 2019, Chapter 504
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 13-7-2 is amended to read:
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13-7-2 . Definitions.
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As used in this chapter:
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(1)(a) "Antisemitism" means the same as the term the International Holocaust
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Remembrance Alliance defined and adopted on May 26, 2016.
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(b) "Antisemitism" includes the contemporary examples of antisemitism that the
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International Holocaust Remembrance Alliance identified on May 26, 2016.
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[(1)] (2) "Enterprise regulated by the state" means:
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(a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;
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(b) a place of business that sells an alcoholic product at retail as provided in Title 32B,
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Alcoholic Beverage Control Act;
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(c) an insurer regulated by Title 31A, Insurance Code; and
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(d) a public utility subject to regulation under Title 54, Public Utilities.
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[(2)] (3) "Person" includes an individual, partnership, association, organization,
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corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver,
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and other organized groups of persons.
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[(3)] (4)(a) "Place of public accommodation" includes:
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(i) every place, establishment, or facility of whatever kind, nature, or class that caters
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or offers services, facilities, or goods to the general public for a fee or charge,
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except, an establishment that is:
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(A) located within a building that contains not more than five rooms for rent or
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hire; and
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(B) actually occupied by the proprietor of the establishment as the proprietor's
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residence; and
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(ii) a place, establishment, or facility that caters or offers services, facilities, or goods
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to the general public gratuitously if the place, establishment, or facility receives
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any substantial governmental subsidy or support.
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(b) "Place of public accommodation" does not include an institution, church, apartment
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house, club, or place of accommodation that is in nature distinctly private except to
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the extent that the institution, church, apartment house, club, or place of
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accommodation is open to the public.
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[(4)] (5) "Pregnancy" includes pregnancy or a pregnancy-related condition.
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[(5)] (6) "Pregnancy-related condition" includes breastfeeding, lactation, or a medical
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condition related to breastfeeding.
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Section 2. Section 13-7-3 is amended to read:
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13-7-3 . Equal right in business establishments, places of public accommodation,
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and enterprises regulated by the state.
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(1) All persons within the jurisdiction of this state are free and equal and are entitled to full
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and equal accommodations, advantages, facilities, privileges, goods and services in all
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business establishments and in all places of public accommodation, and by all
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enterprises regulated by the state of every kind whatsoever, without discrimination on
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the basis of race, color, sex, pregnancy, religion, ancestry, or national origin, which
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includes discrimination on the basis of antisemitism.
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(2) Nothing in this act shall be construed to[ ] :
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(a) deny any person the right to regulate the operation of a business establishment or
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place of public accommodation or an enterprise regulated by the state in a manner [
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which] that applies uniformly to all persons without regard to race, color, sex,
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pregnancy, religion, ancestry, or national origin; or[ ]
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(b) [to ]deny any religious organization the right to regulate the operation and
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procedures of [its] the religious organization's establishments.
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(3) Nothing in this act regulates business website accessibility.
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Section 3. Section 76-3-203.14 is amended to read:
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76-3-203.14 . Victim targeting penalty enhancement -- Penalties.
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(1) As used in this section:
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(a) "Antisemitism" means the same as that term is defined in Section 13-7-2.
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(b) [ "personal ] "Personal attribute" means:
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[(a)] (i) age;
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[(b)] (ii) ancestry;
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[(c)] (iii) disability;
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[(d)] (iv) ethnicity;
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[(e)] (v) familial status;
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[(f)] (vi) gender identity;
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[(g)] (vii) homelessness;
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[(h)] (viii) marital status;
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[(i)] (ix) matriculation;
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[(j)] (x) national origin;
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[(k)] (xi) political expression;
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[(l)] (xii) race;
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[(m)] (xiii) religion;
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[(n)] (xiv) sex;
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[(o)] (xv) sexual orientation;
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[(p)] (xvi) service in the [U.S.] United States Armed Forces;
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[(q)] (xvii) status as an emergency responder, as defined in Section 53-2b-102; or
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[(r)] (xviii) status as a law enforcement officer, correctional officer, special function
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officer, or any other peace officer, as defined in Title 53, Chapter 13, Peace
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Officer Classifications.
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(2)(a) A defendant is subject to enhanced penalties under Subsection (3) if the defendant
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intentionally selects:
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[(a)] (i) the victim of the criminal offense because of the defendant's belief or
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perception regarding the victim's personal attribute or a personal attribute of
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another individual or group of individuals with whom the victim has a
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relationship; or
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[(b)] (ii) the property damaged or otherwise affected by the criminal offense because
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of the defendant's belief or perception regarding the property owner's, possessor's,
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or occupant's personal attribute or a personal attribute of another individual or
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group of individuals with whom the property owner, possessor, or occupant has a
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relationship.
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(b) In making a determination under this Subsection (2), a trier of fact shall consider
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whether a defendant's belief or perception is motivated by antisemitism.
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(3)(a) If the trier of fact finds beyond a reasonable doubt that a defendant committed a
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criminal offense and selected the victim or property damaged or otherwise affected
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by the criminal offense in the manner described in Subsection (2), the defendant is
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subject to an enhanced penalty for the criminal offense as follows:
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(i) a class C misdemeanor is a class B misdemeanor;
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(ii) a class B misdemeanor is a class A misdemeanor;
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(iii) a class A misdemeanor is a third degree felony;
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(iv) a third degree felony is a third degree felony punishable by an indeterminate term
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of imprisonment for not less than one year nor more than five years; and
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(v) a second degree felony is a second degree felony punishable by an indeterminate
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term of imprisonment for not less than two years nor more than 15 years.
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(b) If the trier of fact finds beyond a reasonable doubt that a defendant committed a
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criminal offense that is a first degree felony and selected the victim or property
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damaged or otherwise affected by the criminal offense in the manner described in
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Subsection (2), the sentencing judge or the Board of Pardons and Parole shall
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consider the defendant's selection of the victim or property as an aggravating factor.
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(4) This section does not:
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(a) apply if:
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(i) the penalty for the criminal offense is increased or enhanced under another
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provision of state law; or
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(ii) the personal attribute of the victim or property owner, possessor, or occupant is
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an element of a criminal offense under another provision of state law;
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(b) prevent the court from imposing alternative sanctions as the court finds appropriate;
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(c) affect or limit any individual's constitutional right to the lawful expression of free
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speech or other recognized rights secured by the Utah Constitution or the laws of the
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state, or by the United States Constitution or the laws of the United States; or
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(d) create a special or protected class for any purpose other than a criminal penalty
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enhancement under this section.
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(5)(a) If a final decision of a court of competent jurisdiction holds invalid any provision
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of this section or the application of any provision of this section to any person or
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circumstance, the remaining provisions of this section remain effective without the
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invalidated provision or application.
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(b) The provisions of this section are severable.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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