Jeff DeMoss

Legislation inspired by the outcome of a 2003 murder case in Clinton gained the unanimous approval of the Utah Senate Wednesday and will go to the House for final passage.

Utah law says that if someone in the course of committing a felony causes the death of another person, they can be convicted under the felony murder rule as well as the underlying felony.

But in aggravated murder cases where the accused is also charged with one or more other felonies, the lesser crimes are merged and the defendant is tried only for aggravated murder.

Senate Bill 150, sponsored by Sen. Scott Jenkins, R-Plain City, codifies existing law to clarify that related crimes can be charged separately from the murder charge.

Jenkins said the bill stems from the case of Trovon Donta Ross, who was sentenced to life in prison without parole for the 2003 murder of Annalee Christensen in Clinton.

Ross also wounded Christensen's boyfriend in that incident and was charged with attempted aggravated murder, but that charge was merged with the more serious charge.

The Utah Supreme Court said both crimes could be prosecuted in future cases, but it is constrained until the legislature does something, Jenkins said.

"Two of the five members said the attempted murder charge could stand, but the majority ruled that absent the action of the legislature, it could not," he said.

Under the current system, someone who committed multiple felonies but was only convicted for the most serious charge could conceivably have that charge overturned on appeal, and would never have to face justice for the lesser crimes, Jenkins said.

SB 150 also corrects an unintended provision of a bill from last year that changed aggravated murder from a capital offense to a first-degree felony.

That change inadvertently downgraded attempted aggravated murder to a second-degree felony.

The bill would also upgrade an attempt to commit a felony punishable by life in prison from a second-degree to a first-degree felony.