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H.B. 210
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6 AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING FOR THE OFFENSE OF
7 PROVIDING A FALSE STATEMENT THAT MAY BE USED IN A PRELIMINARY
8 HEARING; AND PROVIDING A PENALTY.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 76-8-504.5, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-8-504.5 is enacted to read:
14 76-8-504.5. False statements -- Preliminary hearing.
15 (1) A person is guilty of a class B misdemeanor if the person makes a false statement:
16 (a) which the person does not believe to be true; and
17 (b) prior to making the statement the person is notified either verbally or in writing that:
18 (i) the statement may be used in a preliminary hearing before a magistrate or a judge; and
19 (ii) if the person makes a false statement after having received this notification, he is
20 subject to a criminal penalty.
21 (2) Notification under Subsection (1) is sufficient if it is verbal or written and is in
22 substantially the following form: "You are notified that statements you are about to make may be
23 presented to a magistrate or a judge in lieu of your sworn testimony at a preliminary examination.
24 Any false statement you make and that you do not believe to be true may subject you to criminal
25 punishment as a class B misdemeanor."
Legislative Review Note
as of 12-30-98 7:38 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.