First Substitute S.B. 90

Senator R. Mont Evans proposes to substitute the following bill:

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 MANDATORY TERMS OF
6 CONFINEMENT FOR ASSAULTING A PEACE OFFICER AND PROVIDING FOR
7 SUSPENSION OR EXECUTION OF THE SENTENCE; REPEALING SIMILAR
8 PROVISION IN ANOTHER SECTION OF CODE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-5-102.4, as last amended by Chapter 23, Laws of Utah 1987
12 REPEALS:
13 23-20-26, as last amended by Chapter 60, Laws of Utah 1975
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-5-102.4 is amended to read:
16 76-5-102.4. Assault against peace officer.
17 (1) Any person who assaults a peace officer, with knowledge that he is a peace officer, and
18 when the peace officer is acting within the scope of his authority as a peace officer, is guilty of a
19 class A misdemeanor.
20 (2) A person who violates this section shall serve, in jail or another correctional facility,
21 a minimum of:
22 (a) 90 consecutive days for a second offense; and
23 (b) 180 consecutive days for each subsequent offense.
24 (3) The court may suspend the imposition or execution of the sentence required under
25 Subsection (2) if the court finds that the interests of justice would be best served and makes

1 specific findings concerning the disposition in writing or on the record.
2 Section 2. Repealer.
3 This act repeals:
4 Section 23-20-26, Assault or battery upon officer a class A misdemeanor.

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