Committee approves substitute clarifying justification hearings for bystander injuries in self-defense cases

The Senate Judiciary Committee voted to favorably recommend a substitute to SB 105, a measure that clarifies how Utah law treats bystander injury when someone uses force in self defense.

Sponsor Senator Reedy and Brett Robinson (chief policy adviser, Salt Lake County DA) said the bill resolves uncertainty about the transferred-intent doctrine. Robinson told the committee the substitute will make clear "that transferred intent will not apply to establish that an actor acted intentionally or knowingly in injuring or causing the death of an individual if they are justified under our current self-defense laws." The substitute creates a process by which a defendant who unintentionally injures or kills a bystander while claiming self defense is entitled to a justification hearing; if the defendant makes a prima facie showing that self defense applied and that their conduct was not reckless or criminally negligent, the burden shifts to the prosecution to disprove the defense by clear and convincing evidence.

Committee members asked hypothetical questions about risk and criminal negligence. Sponsor and counsel said the bill both protects reasonable self-defense uses and provides accountability when the defendant acted recklessly or criminally negligently. The committee adopted the substitute and advanced it to the floor.