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H.B. 142 Enrolled
AN ACT RELATING TO CRIMINAL CODE; PROVIDING A PENALTY FOR ESCAPE
FROM A STATE PRISON; MODIFYING THE CRIME OF ABSCONDING TO
INCLUDE FAILURE TO RETURN AT A PRESCRIBED TIME; MAKING
TECHNICAL CORRECTIONS; AND PROVIDING A COORDINATION CLAUSE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-8-309, as repealed and reenacted by Chapter 104, Laws of Utah 1996
76-8-309.5, as enacted by Chapter 104, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-8-309 is amended to read:
76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
(1) A prisoner is guilty of escape if he leaves official custody without authorization.
(2) A prisoner is guilty of aggravated escape if in the commission of an escape he uses a
dangerous weapon or facsimile [
to another.
(3) Aggravated escape is a first degree felony.
(4) Escape from a state prison is a second degree felony.
[
[
consecutively with any other sentence.
[
(a) "Confinement" means:
(i) housed in a state prison or any other facility pursuant to a contract with the Utah
Department of Corrections after being sentenced and committed and the sentence has not been
terminated or voided or the prisoner is not on parole;
(ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county jail
after sentencing and commitment and the sentence has not been terminated or voided or the prisoner
is not on parole; or
(iii) lawfully detained following arrest.
(b) "Official custody" means arrest, whether with or without warrant, or confinement in a
state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
pursuant to an order of the court or sentenced and committed and the sentence has not been
terminated or voided or the prisoner is not on parole. A person is considered confined in the state
prison if he:
(i) without authority fails to return to his place of confinement from work release or home
visit by the time designated for return;
(ii) is in prehearing custody after arrest for parole violation;
(iii) is being housed in a county jail, after felony commitment, pursuant to a contract with
the Department of Corrections; or
(iv) is being transported as a prisoner in the state prison by correctional officers.
(c) "Prisoner" means any person who is in official custody and includes persons under
[
Section 2. Section 76-8-309.5 is amended to read:
76-8-309.5. Absconding.
(1) An offender absconds from a facility when he:
(a) leaves the facility without permission; or
(b) fails to return at a prescribed time.
(2) An offender absconds from supervision when he willfully changes the residence that he
reported as his correct address without notifying his parole officer or obtaining permission.
(3) Absconding is a third degree felony.
(4) For the purposes of this section:
(a) "Facility" means a residential facility owned, operated, leased, or contracted by the
Department of Corrections or a county to provide housing, programming, or treatment of individuals
who have been placed on parole.
(b) "Offender" means a person who has been convicted of a crime and has been:
(i) sent to a facility;
(ii) placed on parole under condition that he report to a parole officer on a regular basis or
that he serve periods of confinement during his parole period or that he attend classes or treatment
as a condition of parole; or
(iii) released for a period during confinement for work, school, treatment, or other temporary
nonconfinement purposes.
Section 3. Coordination clause.
If this bill and H.B. 54, Dangerous Weapon Penalty Enhancement, both pass, it is the intent
of the Legislature that the amendments in Subsection 76-8-309(2) in H.B. 54 shall supersede the
amendments to Subsection 76-8-309(2) in this bill.
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