1st Sub. H.B. 80
         PENALTY FOR HARBORING A FUGITIVE

House Floor Amendments

Amendment 1 February 1, 2000 6:01 PM



Representative King proposes the following amendments:

1.    Page 1, Line 6:    After "OFFENDER" insert "; AND AMENDING THE DEFINITION OF ABSCONDING"

2.    Page 1, Line 10:    After Line 10 insert:
        " 76-8-309.5, as last amended by Chapter 311, Laws of Utah 1997"

3.    Page 2, Line 29:    After "defined in" delete "Section" and insert "Subsections"
        After "76-8-309.5" insert "(1) and (2)"

4.    Page 2, Line 30:    After "(ii)" delete "from"

5.    Page 3, Line 75:    After Line 75 insert:
        "Section 3. Section 76-8-309.5 is amended to read:
          76-8-309.5 .   Absconding.
              (1) An offender absconds from a facility when he:
         (a) leaves the facility without permission; or
         (b) fails to return at a prescribed time.
              (2) An offender absconds from supervision when he [ willfully ] :
              (a) changes his residence from the residence that he reported as his correct address to another residence, without notifying his parole officer or obtaining permission [ . ] ; or
          (b) for the purpose of avoiding supervision:
          (i) hides at a different location from his reported residence; or
          (ii) leaves his reported residence.
              (3) Absconding is a third degree felony.
              (4) For the purposes of this section:
              (a) "Facility" means a residential facility owned, operated, leased, or contracted by the Department of Corrections or a county to provide housing, programming, or treatment of individuals who have been placed on parole.
              (b) "Offender" means a person who has been convicted of a crime and has been:
              (i) sent to a facility;
              (ii) placed on parole under condition that he report to a parole officer on a regular basis or that he serve periods of confinement during his parole period or that he attend classes or treatment as a condition of parole; or
              (iii) released for a period during confinement for work, school, treatment, or other temporary nonconfinement purposes."