First Substitute H.B. 80

Representative Perry L. Buckner proposes to substitute the following bill:

1 PENALTY FOR HARBORING A FUGITIVE
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Perry L. Buckner
5 AN ACT RELATING TO CRIMINAL LAW; AMENDING THE PENALTIES FOR
6 HARBORING, CONCEALING, OR AIDING A JUVENILE OR ADULT OFFENDER.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 62A-7-106, as enacted by Chapter 1, Laws of Utah 1988
10 76-8-306, as last amended by Chapter 51, Laws of Utah 1995
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 62A-7-106 is amended to read:
13 62A-7-106. Aiding or concealing youth offender -- Trespass -- Criminal penalties.
14 (1) A person who commits any of the following offenses is guilty of a class A
15 misdemeanor:
16 [(1)] (a) willfully aiding or assisting a youth offender who has been lawfully committed
17 to a secure facility, in escaping or attempting to escape from that facility;
18 [(2) knowingly concealing a youth offender after his escape from a secure facility;]
19 [(3)] (b) entering, or attempting to enter, a building or enclosure appropriated to the use
20 of youth offenders, without permission;
21 [(4)] (c) entering any premises belonging to a secure facility and committing or attempting
22 to commit a trespass or depredation on those premises; or
23 [(5)] (d) willfully annoying or disturbing the peace and quiet of a secure facility or of a
24 youth offender in a secure facility.
25 (2) A person is guilty of a third degree felony who knowingly harbors or conceals a youth

26 offender who has:
27 (a) escaped from a secure facility; or
28 (b) absconded from:
29 (i) a facility or supervision, as these offenses are defined in Section 76-8-309.5 ; or
30 (ii) from supervision of the Division of Youth Corrections.
31 Section 2. Section 76-8-306 is amended to read:
32 76-8-306. Obstructing justice.
33 (1) A person is guilty of an offense if, with intent to hinder, prevent, or delay the
34 discovery, apprehension, prosecution, conviction, or punishment of [another] an offender for the
35 commission of a crime, he:
36 (a) knowing an offense has been committed, conceals it from a magistrate;
37 (b) harbors or conceals the offender;
38 (c) provides the offender a weapon[,];
39 (d) provides the offender transportation, disguise, or other means for avoiding discovery
40 or apprehension;
41 [(d)] (e) warns the offender of impending discovery or apprehension;
42 [(e)] (f) conceals, destroys, or alters any physical evidence that might aid in the discovery,
43 apprehension, or conviction of the [person] offender;
44 [(f)] (g) obstructs by force, intimidation, or deception anyone from performing an act that
45 might aid in the discovery, apprehension, prosecution, or conviction of the [person] offender; or
46 [(g)] (h) having knowledge that a law enforcement officer has been authorized or has
47 applied for authorization under either Section 77-23a-10 or 77-23a-15 to intercept a wire,
48 electronic, or oral communication, gives notice or attempts to give notice of the possible
49 interception to any person.
50 (2) [An] Except as provided under Subsection (3), an offense under [Subsections]:
51 (a) Subsection (1)(a) or Subsections (d) through [(f)] (g) is a class B misdemeanor[, unless
52 the actor];
53 (b) Subsection (1)(b) regarding harboring or concealing the offender is a class A
54 misdemeanor; and
55 (c) Subsection (1)(c) regarding providing a weapon is a third degree felony.
56 (3) (a) If the person committing an offense under Subsection (1)(a) or Subsections (1)(d)

57 through (g) knows that the offender has committed a second or third degree felony, the offense is
58 a class A misdemeanor.
59 (b) If the person committing an offense under Subsection (1)(b) regarding harboring or
60 concealing the offender knows the offender has committed a second or third degree felony, the
61 offense is a third degree felony.
62 (c) If the person committing an offense under Subsection (1)(c) regarding providing a
63 weapon knows the offender has committed a second or third degree felony, the offense is a second
64 degree felony.
65 (d) If the person committing an offense under Subsections (1)(a) through (g) knows the
66 offender has committed a capital offense or a felony of the first degree, [in which case] the offense
67 is a second degree felony.
68 [(3)] (4) An offense under Subsection (1)[(g)](h) is a third degree felony.
69 [(4)] (5) Subsection (1)(f) does not apply to an act against a juror. Obstructing the function
70 of a juror is addressed in Section 76-8-508.5 .
71 (6) A person is guilty of a third degree felony who harbors or conceals an offender who
72 has absconded from a facility or from supervision as these offenses are defined in Section
73 76-8-309.5 .
74 [(5)] (7) The provisions of Section 76-8-316 [shall] govern an act or threat against a judge
75 or a member of the Board of Pardons and Parole or the judge's or member's immediate family.