H.B. 264

1

AGGRAVATED ASSAULT BY A PRISONER AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Steve Barth
5 AN ACT RELATING TO THE CRIMINAL CODE; CLARIFYING WHICH PRISONERS ARE
6 SUBJECT TO THE PENALTIES PRESCRIBED FOR AGGRAVATED ASSAULT BY A
7 PRISONER; CLARIFYING THE PENALTIES; ESTABLISHING A DEFINITION OF
8 "SERVING A SENTENCE"; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-5-103.5, as last amended by Chapter 158, Laws of Utah 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-5-103.5 is amended to read:
14 76-5-103.5. Aggravated assault by prisoner.
15 (1) Any prisoner, not serving a sentence for a capital felony or a felony of the first degree,
16 who commits aggravated assault is guilty of [a felony of the second degree.]:
17 (a) a felony of the second degree if no serious bodily injury was intentionally caused; or
18 (b) a felony of the first degree if serious bodily injury was intentionally caused.
19 (2) Any prisoner serving a sentence for a capital felony or a felony of the first degree who
20 commits aggravated assault is guilty of:
21 (a) a felony of the first degree if no serious bodily injury was intentionally caused; or
22 (b) a capital felony if serious bodily injury was intentionally caused.
23 (3) For the purpose of this section, "serving a sentence" means sentenced and committed
24 to the custody of the Department of Corrections, the sentence has not been terminated or voided,
25 and the prisoner is:
26 (a) not on parole; or
27 (b) in custody after arrest for a parole violation.

Legislative Review Note
as of 1-22-97 2:10 PM

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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