S.B. 131 Enrolled

1

ASSAULT AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Aaron Osmond
5 House Sponsor: Jim Bird
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the offense of assault against a peace
10 officer or military servicemember.
11 Highlighted Provisions:
12 This bill:
13 . creates the third degree offense of assaulting a peace officer or military
14 servicemember in uniform if the offender is a repeat offender or causes substantial
15 bodily injury; and
16 . creates the second degree offense of assaulting a peace officer or a military
17 servicemember in uniform while the offender is using a dangerous weapon or force
18 likely to cause serious injury or death.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-5-102.4, as last amended by Laws of Utah 2009, Chapter 125
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-5-102.4 is amended to read:
29 76-5-102.4. Assault against peace officer or a military service member in uniform

30 -- Penalties.
31 (1) As used in this section:
32 (a) "Military [service member] servicemember in uniform" means:
33 (i) a member of any branch of the United States military who is wearing a uniform as
34 authorized by the member's branch of service; or
35 (ii) a member of the National Guard serving as provided in Section 39-1-5 or 39-1-9 .
36 (b) "Peace officer" means a law enforcement officer certified under Section 53-13-103 .
37 (2) [(a)] A person is guilty of a class A misdemeanor, except as provided in
38 [Subsection (2)(b)] Subsections (3) and (4), who:
39 [(i)] (a) assaults a peace officer, with knowledge that [he] the person is a peace officer,
40 and when the peace officer is acting within the scope of [his] authority as a peace officer; or
41 [(ii)] (b) assaults a military [service member] servicemember in uniform when that
42 service member is on orders and acting within the scope of authority granted to the military
43 [service member] servicemember in uniform.
44 [(b)] (3) A person who violates [this section and] Subsection (2) is guilty of a third
45 degree felony if the person:
46 (a) has been previously convicted of a violation of [this section is guilty of a third
47 degree felony.] a class A or a felony violation of this section; or
48 (b) the person causes substantial bodily injury.
49 (4) A person who violates Subsection (2) is guilty of a second degree felony if the
50 person uses:
51 (a) a dangerous weapon as defined in Section 76-1-601 ; or
52 (b) other means or force likely to produce death or serious bodily injury.
53 [(3)] (5) A person who violates this section shall serve, in jail or another correctional
54 facility, a minimum of:
55 (a) 90 consecutive days for a second offense; and
56 (b) 180 consecutive days for each subsequent offense.
57 [(4)] (6) The court may suspend the imposition or execution of the sentence required

58 under Subsection [(3)] (5) if the court finds that the interests of justice would be best served by
59 the suspension and the court makes specific findings concerning the disposition [in writing or]
60 on the record.
61 [(5)] (7) This section does not affect or limit any individual's constitutional right to the
62 lawful expression of free speech, the right of assembly, or any other recognized rights secured
63 by the Constitution or laws of Utah or by the Constitution or laws of the United States.

[Bill Documents]