H.B. 275

1

OFFENSE AGAINST PEACE OFFICERS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code and the Code of Criminal Procedure regarding
10 peace officers, including an officer's authority to stop a person and the offense of
11 propelling an item at a peace officer or correctional officer.
12 Highlighted Provisions:
13 This bill:
14 . authorizes a law enforcement officer to stop a person and demand the person's
15 name, address, and an explanation of the person's actions if the officer has lawfully
16 detained the person but has not placed the person under arrest; and
17 . amends the offense of propelling substances at peace and correctional officers to
18 include persons other than prisoners.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-5-102.6, as last amended by Chapter 230, Laws of Utah 2005
26 77-7-15, as enacted by Chapter 15, Laws of Utah 1980
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-5-102.6 is amended to read:
30 76-5-102.6. Propelling substance or object at a correctional or peace officer --
31 Penalties.
32 (1) (a) Any prisoner who throws or otherwise propels any substance or object at a
33 peace or correctional officer is guilty of a class A misdemeanor, except as provided under
34 Subsection (2).
35 (b) Any person who throws or otherwise propels any substance or object at a peace
36 officer is guilty of a class A misdemeanor, except as provided under Subsection (2).
37 (2) A violation of Subsection (1) is a third degree felony if:
38 (a) the object or substance is:
39 (i) blood, urine, or fecal material; or
40 (ii) the prisoner's or person's saliva, and the prisoner or person is infected with HIV,
41 hepatitis B, or hepatitis C; and
42 (b) the object or substance comes into contact with any portion of the officer's face,
43 including the eyes or mouth, or comes into contact with any open wound on the officer's body.
44 (3) If an offense committed under this section amounts to an offense subject to a
45 greater penalty under another provision of state law than under this section, this section does
46 not prohibit prosecution and sentencing for the more serious offense.
47 Section 2. Section 77-7-15 is amended to read:
48 77-7-15. Authority of peace officer to stop and question suspect -- Grounds.
49 A peace officer may stop any person in a public place and may demand the person's
50 name, address, and an explanation of the person's actions when [he] the peace officer:
51 (1) has a reasonable suspicion to believe [he] the person has committed or is in the act
52 of committing or is attempting to commit a public offense [and may demand his name, address
53 and an explanation of his actions.]; or
54 (2) has lawfully detained the person but has not placed the person under arrest.

Legislative Review Note
as of 1-15-07 3:30 PM

Office of Legislative Research and General Counsel