H.B. 70

This document includes House Committee Amendments incorporated into the bill on Mon, Jan 22, 2007 at 10:39 AM by ddonat. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 22, 2007 at 3:27 PM by smaeser. --> 1

ASSAULT ON A PEACE OFFICER -
2 PENALTY AMENDMENT
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul Ray
6 Senate Sponsor: Jon J. Greiner
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code by increasing the penalty for H. a second
10a offense of .H assault on a peace
11 officer.
12 Highlighted Provisions:
13 This bill:
14 . increases the penalty for committing H. [ an ] a second or subsequent .H assault
14a against a peace officer from a class
15 A misdemeanor to a third degree felony S. ;
15a .provides that the section amended in this bill does not affect the exercise of
15b constitutional rights, including the right of free speech and the right of assembly .S ; and
16 . provides a definition of "peace officer."
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-5-102.4, as last amended by Chapter 172, Laws of Utah 1998
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-5-102.4 is amended to read:
27 76-5-102.4. Assault against peace officer -- Penalty.

28 (1) As used in this section, "peace officer" means a law enforcement officer certified
29 under Section 53-13-103 .
30 [(1)] (2) H. (a) .H Any person who assaults a peace officer, with knowledge that
30a he is a peace
31 officer, and when the peace officer is acting within the scope of his authority as a peace officer,
32 is guilty of a H. [ [ ] class A misdemeanor [ ] ] [ third degree felony ] except as provided in
32a Subsection (2)(b) .H .
32b H. (b) A person who violates this section after having been previously convicted of a
32c violation of this section is guilty of a third degree felony. .H
33 [(2)] (3) A person who violates this section shall serve, in jail or another correctional
34 facility, a minimum of:
35 (a) 90 consecutive days for a second offense; and
36 (b) 180 consecutive days for each subsequent offense.
37 [(3)] (4) The court may suspend the imposition or execution of the sentence required
38 under Subsection [(2)] (3) if the court finds that the interests of justice would be best served
39 and makes specific findings concerning the disposition in writing or on the record.
39a S. (5) This section does not affect or limit any individual's constitutional right to the
39b lawful expression of free speech, the right of assembly, or any other recognized rights secured
39c by the Constitution or laws of the state or by the Constitution or laws of the United States. .S




Legislative Review Note
as of 11-29-06 5:04 PM

Office of Legislative Research and General Counsel