H.B. 70

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 assault on a peace
11 officer.
12 Highlighted Provisions:
13 This bill:
14 . increases the penalty for committing an assault against a peace officer from a class
15 A misdemeanor to a third degree felony; 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) Any person who assaults a peace officer, with knowledge that 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 [class A misdemeanor] third degree felony.
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.




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

Office of Legislative Research and General Counsel