H.B. 142

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ESCAPE AND ABSCONDING AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Robert H. M. Killpack
5 AN ACT RELATING TO CRIMINAL CODE; PROVIDING A PENALTY FOR ESCAPE
6 FROM A STATE PRISON; MODIFYING THE CRIME OF ABSCONDING TO INCLUDE
7 FAILURE TO RETURN AT A PRESCRIBED TIME; h [ AND ] h MAKING TECHNICAL
8 CORRECTIONS h ; AND PROVIDING A COORDINATION CLAUSE h .
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-8-309, as repealed and reenacted by Chapter 104, Laws of Utah 1996
12 76-8-309.5, as enacted by Chapter 104, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-8-309 is amended to read:
15 76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
16 (1) A prisoner is guilty of escape if he leaves official custody without authorization.
17 (2) A prisoner is guilty of aggravated escape if in the commission of an escape he uses a
18 dangerous weapon or facsimile [thereof] of a dangerous weapon, or causes serious bodily injury
19 to another.
20 (3) Aggravated escape is a first degree felony.
21 (4) Escape from a state prison is a second degree felony.
22 [(4)] (5) Any other escape is a third degree felony.
23 [(5)] (6) Any prison term imposed upon a prisoner for escape under this section shall run
24 consecutively with any other sentence.
25 [(6)] (7) For the purposes of this part:
26 (a) "Confinement" means:
27 (i) housed in a state prison or any other facility pursuant to a contract with the Utah

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1 Department of Corrections after being sentenced and committed and the sentence has not been
2 terminated or voided or the prisoner is not on parole;
3 (ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county jail
4 after sentencing and commitment and the sentence has not been terminated or voided or the
5 prisoner is not on parole; or
6 (iii) lawfully detained following arrest.
7 (b) "Official custody" means arrest, whether with or without warrant, or confinement in
8 a state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
9 pursuant to an order of the court or sentenced and committed and the sentence has not been
10 terminated or voided or the prisoner is not on parole. A person is considered confined in the state
11 prison if he:
12 (i) without authority fails to return to his place of confinement from work release or home
13 visit by the time designated for return;
14 (ii) is in prehearing custody after arrest for parole violation;
15 (iii) is being housed in a county jail, after felony commitment, pursuant to a contract with
16 the Department of Corrections; or
17 (iv) is being transported as a prisoner in the state prison by correctional officers.
18 (c) "Prisoner" means any person who is in official custody and includes persons under
19 [trusty] trustee status.
20 Section 2. Section 76-8-309.5 is amended to read:
21 76-8-309.5. Absconding.
22 (1) An offender absconds from a facility when he:
23 (a) leaves the facility without permission; or
24 (b) fails to return at a prescribed time.
25 (2) An offender absconds from supervision when he willfully changes the residence that
26 he reported as his correct address without notifying his parole officer or obtaining permission.
27 (3) Absconding is a third degree felony.
28 (4) For the purposes of this section:
29 (a) "Facility" means a residential facility owned, operated, leased, or contracted by the
30 Department of Corrections or a county to provide housing, programming, or treatment of
31 individuals who have been placed on parole.

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1 (b) "Offender" means a person who has been convicted of a crime and has been:
2 (i) sent to a facility;
3 (ii) placed on parole under condition that he report to a parole officer on a regular basis
4 or that he serve periods of confinement during his parole period or that he attend classes or
5 treatment as a condition of parole; or
6 (iii) released for a period during confinement for work, school, treatment, or other
7 temporary nonconfinement purposes.
7a h Section 3. Coordination clause.
7b IF THIS BILL AND H.B. 54, DANGEROUS WEAPON PENALTY ENHANCEMENT BOTH PASS, IT IS
7c THE INTENT OF THE LEGISLATURE THAT THE AMENDMENTS IN SUBSECTION 76-8-309(2) IN H.B. 54
7d SHALL SUPERSEDE THE AMENDMENTS TO SUBSECTION 76-8-309(2) IN THIS BILL. h




Legislative Review Note
as of 1-28-97 11:14 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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