UT
Utah House Bill HB0549

Utah 2025 Regular Session

Utah House Bill HB0549 Compare Versions

Only one version of the bill is available at this time.
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11 02-24 14:07 H.B. 549
22 1
33 Antidiscrimination Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Ken Ivory
77 Senate Sponsor:
88 2
99
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1111 LONG TITLE
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1313 General Description:
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1515 This bill amends provisions relating to antisemitism.
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1717 Highlighted Provisions:
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1919 This bill:
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2121 ▸ defines "antisemitism";
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2323 ▸ provides that a person is entitled to equal accommodation in all business establishments
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2525 and places of public accommodation within the state without discrimination on the basis
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2727 of antisemitism; and
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2929 ▸ provides that when making a determination related to a penalty enhancement, a trier of
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3131 fact shall consider whether an action was motivated by antisemitism.
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3333 Money Appropriated in this Bill:
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3535 None
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3737 Other Special Clauses:
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3939 None
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4141 Utah Code Sections Affected:
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4343 AMENDS:
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4545 13-7-2, as last amended by Laws of Utah 2018, Chapter 130
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4747 13-7-3, as last amended by Laws of Utah 2024, Chapter 155
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4949 76-3-203.14, as enacted by Laws of Utah 2019, Chapter 504
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5151
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5353 Be it enacted by the Legislature of the state of Utah:
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5555 Section 1. Section 13-7-2 is amended to read:
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5757 13-7-2 . Definitions.
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5959 As used in this chapter:
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6161 (1)(a) "Antisemitism" means the same as the term the International Holocaust
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6363 Remembrance Alliance defined and adopted on May 26, 2016.
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6565 (b) "Antisemitism" includes the contemporary examples of antisemitism that the
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6868 International Holocaust Remembrance Alliance identified on May 26, 2016.
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7070 [(1)] (2) "Enterprise regulated by the state" means:
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7272 (a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;
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7474 (b) a place of business that sells an alcoholic product at retail as provided in Title 32B,
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7676 Alcoholic Beverage Control Act;
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7878 (c) an insurer regulated by Title 31A, Insurance Code; and
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8080 (d) a public utility subject to regulation under Title 54, Public Utilities.
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8282 [(2)] (3) "Person" includes an individual, partnership, association, organization,
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8484 corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver,
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8686 and other organized groups of persons.
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8888 [(3)] (4)(a) "Place of public accommodation" includes:
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9090 (i) every place, establishment, or facility of whatever kind, nature, or class that caters
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9292 or offers services, facilities, or goods to the general public for a fee or charge,
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9494 except, an establishment that is:
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9696 (A) located within a building that contains not more than five rooms for rent or
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9898 hire; and
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100100 (B) actually occupied by the proprietor of the establishment as the proprietor's
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102102 residence; and
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104104 (ii) a place, establishment, or facility that caters or offers services, facilities, or goods
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106106 to the general public gratuitously if the place, establishment, or facility receives
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108108 any substantial governmental subsidy or support.
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110110 (b) "Place of public accommodation" does not include an institution, church, apartment
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112112 house, club, or place of accommodation that is in nature distinctly private except to
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114114 the extent that the institution, church, apartment house, club, or place of
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116116 accommodation is open to the public.
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118118 [(4)] (5) "Pregnancy" includes pregnancy or a pregnancy-related condition.
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120120 [(5)] (6) "Pregnancy-related condition" includes breastfeeding, lactation, or a medical
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122122 condition related to breastfeeding.
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124124 Section 2. Section 13-7-3 is amended to read:
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126126 13-7-3 . Equal right in business establishments, places of public accommodation,
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128128 and enterprises regulated by the state.
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130130 (1) All persons within the jurisdiction of this state are free and equal and are entitled to full
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132132 and equal accommodations, advantages, facilities, privileges, goods and services in all
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134134 business establishments and in all places of public accommodation, and by all
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137137 enterprises regulated by the state of every kind whatsoever, without discrimination on
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139139 the basis of race, color, sex, pregnancy, religion, ancestry, or national origin, which
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141141 includes discrimination on the basis of antisemitism.
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143143 (2) Nothing in this act shall be construed to[ ] :
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145145 (a) deny any person the right to regulate the operation of a business establishment or
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147147 place of public accommodation or an enterprise regulated by the state in a manner [
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149149 which] that applies uniformly to all persons without regard to race, color, sex,
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151151 pregnancy, religion, ancestry, or national origin; or[ ]
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153153 (b) [to ]deny any religious organization the right to regulate the operation and
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155155 procedures of [its] the religious organization's establishments.
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157157 (3) Nothing in this act regulates business website accessibility.
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159159 Section 3. Section 76-3-203.14 is amended to read:
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161161 76-3-203.14 . Victim targeting penalty enhancement -- Penalties.
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163163 (1) As used in this section:
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165165 (a) "Antisemitism" means the same as that term is defined in Section 13-7-2.
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167167 (b) [ "personal ] "Personal attribute" means:
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169169 [(a)] (i) age;
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171171 [(b)] (ii) ancestry;
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173173 [(c)] (iii) disability;
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175175 [(d)] (iv) ethnicity;
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177177 [(e)] (v) familial status;
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179179 [(f)] (vi) gender identity;
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181181 [(g)] (vii) homelessness;
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183183 [(h)] (viii) marital status;
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185185 [(i)] (ix) matriculation;
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187187 [(j)] (x) national origin;
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189189 [(k)] (xi) political expression;
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191191 [(l)] (xii) race;
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193193 [(m)] (xiii) religion;
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195195 [(n)] (xiv) sex;
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197197 [(o)] (xv) sexual orientation;
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199199 [(p)] (xvi) service in the [U.S.] United States Armed Forces;
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201201 [(q)] (xvii) status as an emergency responder, as defined in Section 53-2b-102; or
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203203 [(r)] (xviii) status as a law enforcement officer, correctional officer, special function
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206206 officer, or any other peace officer, as defined in Title 53, Chapter 13, Peace
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208208 Officer Classifications.
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210210 (2)(a) A defendant is subject to enhanced penalties under Subsection (3) if the defendant
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212212 intentionally selects:
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214214 [(a)] (i) the victim of the criminal offense because of the defendant's belief or
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216216 perception regarding the victim's personal attribute or a personal attribute of
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218218 another individual or group of individuals with whom the victim has a
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220220 relationship; or
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222222 [(b)] (ii) the property damaged or otherwise affected by the criminal offense because
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224224 of the defendant's belief or perception regarding the property owner's, possessor's,
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226226 or occupant's personal attribute or a personal attribute of another individual or
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228228 group of individuals with whom the property owner, possessor, or occupant has a
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230230 relationship.
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232232 (b) In making a determination under this Subsection (2), a trier of fact shall consider
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234234 whether a defendant's belief or perception is motivated by antisemitism.
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236236 (3)(a) If the trier of fact finds beyond a reasonable doubt that a defendant committed a
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238238 criminal offense and selected the victim or property damaged or otherwise affected
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240240 by the criminal offense in the manner described in Subsection (2), the defendant is
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242242 subject to an enhanced penalty for the criminal offense as follows:
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244244 (i) a class C misdemeanor is a class B misdemeanor;
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246246 (ii) a class B misdemeanor is a class A misdemeanor;
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248248 (iii) a class A misdemeanor is a third degree felony;
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250250 (iv) a third degree felony is a third degree felony punishable by an indeterminate term
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252252 of imprisonment for not less than one year nor more than five years; and
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254254 (v) a second degree felony is a second degree felony punishable by an indeterminate
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256256 term of imprisonment for not less than two years nor more than 15 years.
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258258 (b) If the trier of fact finds beyond a reasonable doubt that a defendant committed a
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260260 criminal offense that is a first degree felony and selected the victim or property
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262262 damaged or otherwise affected by the criminal offense in the manner described in
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264264 Subsection (2), the sentencing judge or the Board of Pardons and Parole shall
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266266 consider the defendant's selection of the victim or property as an aggravating factor.
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268268 (4) This section does not:
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270270 (a) apply if:
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272272 (i) the penalty for the criminal offense is increased or enhanced under another
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275275 provision of state law; or
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277277 (ii) the personal attribute of the victim or property owner, possessor, or occupant is
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279279 an element of a criminal offense under another provision of state law;
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281281 (b) prevent the court from imposing alternative sanctions as the court finds appropriate;
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283283 (c) affect or limit any individual's constitutional right to the lawful expression of free
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285285 speech or other recognized rights secured by the Utah Constitution or the laws of the
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287287 state, or by the United States Constitution or the laws of the United States; or
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289289 (d) create a special or protected class for any purpose other than a criminal penalty
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291291 enhancement under this section.
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293293 (5)(a) If a final decision of a court of competent jurisdiction holds invalid any provision
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295295 of this section or the application of any provision of this section to any person or
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297297 circumstance, the remaining provisions of this section remain effective without the
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299299 invalidated provision or application.
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301301 (b) The provisions of this section are severable.
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303303 Section 4. Effective Date.
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305305 This bill takes effect on May 7, 2025.
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