H.B. 210 Enrolled

FALSE STATEMENTS AT PRELIMINARY EXAMINATIONS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: A. Lamont Tyler
AN ACT RELATING TO THE CRIMINAL CODE; CREATING THE OFFENSE OF
PROVIDING A FALSE STATEMENT THAT MAY BE USED IN A PRELIMINARY
HEARING; AND PROVIDING A PENALTY.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
76-8-504.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-8-504.5 is enacted to read:
76-8-504.5. False statements -- Preliminary hearing.
(1) A person is guilty of a class A misdemeanor if the person makes a false statement:
(a) which the person does not believe to be true;
(b) that the person has reason to believe will be used in a preliminary hearing; and
(c) after having been notified either verbally or in writing that:
(i) the statement may be used in a preliminary hearing before a magistrate or a judge; and
(ii) if the person makes a false statement after having received this notification, he is
subject to a criminal penalty.
(2) Notification under Subsection (1) is sufficient if it is verbal or written and is in
substantially the following form: "You are notified that statements you are about to make may be
presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination.
Any false statement you make and that you do not believe to be true may subject you to criminal
punishment as a class A misdemeanor."