S.B. 90

1

ASSAULTING A PEACE OFFICER
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: R. Mont Evans
5 AN ACT RELATING TO THE CRIMINAL CODE; CREATING A MANDATORY TERM OF
6 CONFINEMENT FOR ASSAULTING A PEACE OFFICER AND CAUSING
7 SUBSTANTIAL BODILY INJURY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-5-102.4, as last amended by Chapter 23, Laws of Utah 1987
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-5-102.4 is amended to read:
13 76-5-102.4. Assault against peace officer.
14 (1) Any person who assaults a peace officer, with knowledge that he is a peace officer, and
15 when the peace officer is acting within the scope of his authority as a peace officer, is guilty of a
16 class A misdemeanor.
17 (2) Any person who violates this section and causes substantial bodily injury to a peace
18 officer shall serve a minimum term of 180 consecutive days in jail or other secure correctional
19 facility.
20 (3) The court may suspend the imposition or execution of the sentence required under
21 Subsection (2) if the court finds that the interests of justice would be best served and makes
22 specific findings concerning the disposition in writing on the record.

Legislative Review Note
as of 9-15-97 3:37 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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