It could be an exceptionally bad year to be on the wrong side of the law.
That's if Utah lawmakers pass some or all of the approximately 35 bills that would lock you up for longer periods or increase fines for existing or new criminal offenses.
While some of the bills are far reaching, some say a few may be a bit too far out.
Take, for example, Rep. Ron Bigelow's bill that would make it a Class A misdemeanor — one year in jail and/or a $2,500 fine — to trick someone into drinking alcohol or taking some other drug without their knowledge. In short, you could spike the punch bowl at a party and face serious consequences.
It's no joke to Bigelow, R-West Valley, who is looking at more serious activities — such as giving a young woman a so-called "date rape" drug. Life in Utah is changing, says Bigelow, and "we have to protect the public." Bigelow's bill flew through the House Monday, passing 69-0.
And then there's Sen. Ed Allen's prohibition on using a laser pointer light. Allen, D-Ogden, wants to make it an infraction (the smallest criminal penalty, just a fine) to point a laser pointer at someone's eyes. If you point it at a uniformed police officer, it would be a Class C misdemeanor. The thinking is that the laser can be mistaken for a gun-sight laser, and cause people to fear they are being targeted by a gunman.
Sen. Dave Gladwell, R-Ogden, has a bill that would make the penalty for attempted murder nearly the same as murder. Attempted murder could get an offender three years to life, according to Gladwell's proposal. The current penalty is one to 15 years in prison.
The stiff sentence would apply in cases where the victim is seriously or permanently injured, he said. The bill also puts attempted child kidnapping and attempted sexual abuse of a child in that category.
Gladwell said he thinks many bills this session are aimed at enhancing punishments in an effort to make the penalties fit the crime.
Sen. Paula Julander, D-Salt Lake, has two bills that would lock someone up for new crimes: Having sex with a jail or prison inmate; and not storing a firearm safely, if someone is harmed by the easy access to a gun.
Other bills stiffen the penalty for some second-time DUI offenders or add one year to a sentence for a violent crime committed with a dangerous weapon, if the criminal wears a bullet-proof vest.
Rep. Scott Daniels, D-Salt Lake, is a former 3rd District judge who has seenthe act of putting someone away in prison for years. "Wow," said Daniels when informed about the number of lock-em-up bills this session. "I wouldn't have thought there would be so many."
"In general, it is not a good thing" to enhance penalties, says Daniels. In some cases it takes away from judges the flexibility to fit the special circumstances of the crime with the life situation of the offender.
"There is a feeling (in the Legislature) that we need to lock them up longer," the former judge said.
But crime is down in Utah and across the nation, he notes. The number of people being arrested for crime is down, as is the number charged and the number convicted and sent to prison. But prison populations are still growing. That's mainly because inmates are being kept in prison longer and longer.
"Why is crime down? Is it because we're locking people up longer? We don't really know," said Daniels.
"But we do know the economy has been good for a decade. And when people can get jobs, or get good jobs, there's less of a need to commit crimes, less pressure" on families and individuals, says Daniels, who served as a judge for 10 years. During part of that time he was the presiding judge in the 3rd District.
Daniels was the House sponsor of Julander's no-sex-with-prisoners bill. "So I guess I'm part of the trend."
Not all the bills deal with violent physical crimes.
Rep. Bryan Holladay, R-West Jordan, has a bill that would impose criminal sentences on people who knowingly evade state taxes.
Rep. Dave Hogue, R-Riverton, has filed a bill that would deal with "check abuse."
Daniels believes one reason legislators are so quick to apply new or enhanced criminal penalties is that usually the statewide prosecutors association, law enforcement and the state's Commission on Criminal and Juvenile Justice support the bills.
"So you have a real strong lobby for them. And criminals have no lobby. No one speaks for them, or the long-term (financial) consequences (to taxpayers) of locking people up," said Daniels.
In fact, the only counter measure to heavier sentencing is the cost of new prisons. But during an emotional debate on drunken drivers, child rapists or murders, that may not figure into the equation, Daniels believes.
Contributing: Dennis Romboy.
E-MAIL: bbjr@desnews.com