H.B. 264 Enrolled

AGGRAVATED ASSAULT BY A PRISONER AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Steve Barth
AN ACT RELATING TO THE CRIMINAL CODE; CLARIFYING WHICH PRISONERS ARE
SUBJECT TO THE PENALTIES PRESCRIBED FOR AGGRAVATED ASSAULT BY
A PRISONER; CLARIFYING THE PENALTIES; ESTABLISHING A DEFINITION OF
"SERVING A SENTENCE"; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-5-103.5, as last amended by Chapter 158, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-103.5 is amended to read:
76-5-103.5. Aggravated assault by prisoner.
(1) Any prisoner, not serving a sentence for a capital felony or a felony of the first degree,
who commits aggravated assault is guilty of [a felony of the second degree.]:
(a) a felony of the second degree if no serious bodily injury was intentionally caused; or
(b) a felony of the first degree if serious bodily injury was intentionally caused.
(2) Any prisoner serving a sentence for a capital felony or a felony of the first degree who
commits aggravated assault is guilty of:
(a) a felony of the first degree if no serious bodily injury was intentionally caused; or
(b) a capital felony if serious bodily injury was intentionally caused.
(3) For the purpose of this section, "serving a sentence" means sentenced and committed
to the custody of the Department of Corrections, the sentence has not been terminated or voided,
and the prisoner is:
(a) not on parole; or
(b) in custody after arrest for a parole violation.