First Substitute H.B. 80

Representative Perry L. Buckner proposes to substitute the following bill:

1 PENALTY FOR HARBORING A FUGITIVE
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Perry L. Buckner
5 AN ACT RELATING TO CRIMINAL LAW; AMENDING THE PENALTIES FOR
6 HARBORING, CONCEALING, OR AIDING A JUVENILE OR ADULT OFFENDER h ; AND
6a AMENDING THE DEFINITION OF ABSCONDING h .
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 62A-7-106, as enacted by Chapter 1, Laws of Utah 1988
10 76-8-306, as last amended by Chapter 51, Laws of Utah 1995
10a h 76-8-309.5, as last amended by Chapter 311, Laws of Utah 1997 h
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 62A-7-106 is amended to read:
13 62A-7-106. Aiding or concealing youth offender -- Trespass -- Criminal penalties.
14 (1) A person who commits any of the following offenses is guilty of a class A
15 misdemeanor:
16 S [ [(1)] (a) willfully aiding or assisting a youth offender who has been lawfully committed
17 to a secure facility, in escaping or attempting to escape from that facility; ] s
18 [(2) knowingly concealing a youth offender after his escape from a secure facility;]
19 [(3)] S [ (b) ] (a) s entering, or attempting to enter, a building or enclosure appropriated to the use
20 of youth offenders, without permission;
21 [(4)] S [(c)] (b) s entering any premises belonging to a secure facility and committing or attempting
22 to commit a trespass or depredation on those premises; or
23 [(5)] S [(d)] (c) s willfully annoying or disturbing the peace and quiet of a secure facility or of a
24 youth offender in a secure facility.
25 (2)] A person is guilty of a third degree felony who S :
25a (a) s knowingly harbors or conceals a youth

26 offender who has:
27 S [ (a) ] (i) s escaped from a secure facility; or
28 S [ (b) ] (ii) s absconded from:
29 S [ (i) ] (A) s a facility or supervision, as these offenses are defined in h [ Section ]
29a SUBSECTIONS h
29a 76-8-309.5 h (1) AND (2) h ; or
30 S [ (ii) ] (B) s h [ from ] h supervision of the Division of Youth Corrections S [ . ] ; OR
30a (b) WILLFULLY AIDED OR ASSISTED A YOUTH OFFENDER WHO HAS BEEN LAWFULLY
30b COMMITTED TO A SECURE FACILITY IN ESCAPING OR ATTEMPTING TO ESCAPE FROM THAT
30c FACILITY. s
31 Section 2. Section 76-8-306 is amended to read:
32 76-8-306. Obstructing justice.
33 (1) A person is guilty of an offense if, with intent to hinder, prevent, or delay the
34 discovery, apprehension, prosecution, conviction, or punishment of S [ [ ] another [ ] an offender ] s
34a for the
35 commission of a crime, he:
36 (a) knowing an offense has been committed, conceals it from a magistrate;
37 (b) harbors or conceals the offender;
38 (c) provides the offender a weapon[,];
39 (d) provides the offender transportation, disguise, or other means for avoiding discovery
40 or apprehension;
41 [(d)] (e) warns the offender of impending discovery or apprehension;
42 [(e)] (f) conceals, destroys, or alters any physical evidence that might aid in the discovery,
43 apprehension, or conviction of the [person] offender;
44 [(f)] (g) obstructs by force, intimidation, or deception anyone from performing an act that
45 might aid in the discovery, apprehension, prosecution, or conviction of the [person] offender; or
46 [(g)] (h) having knowledge that a law enforcement officer has been authorized or has
47 applied for authorization under either Section 77-23a-10 or 77-23a-15 to intercept a wire,
48 electronic, or oral communication, gives notice or attempts to give notice of the possible
49 interception to any person.
50 (2) [An] Except as provided under Subsection (3), an offense under [Subsections]:
51 (a) Subsection (1)(a) or Subsections (d) through [(f)] (g) is a class B misdemeanor[, unless
52 the actor];
53 (b) Subsection (1)(b) regarding harboring or concealing the offender is a class A
54 misdemeanor S , EXCEPT AS PROVIDED IN SUBSECTION (6) s ; and
55 (c) Subsection (1)(c) regarding providing a weapon is a third degree felony.
56 (3) (a) If the person committing an offense under Subsection (1)(a) or Subsections (1)(d)

57 through (g) knows that the offender has committed a second or third degree felony, the offense is
58 a class A misdemeanor.
59 (b) If the person committing an offense under Subsection (1)(b) regarding harboring or
60 concealing the offender knows the offender has committed a second or third degree felony, the
61 offense is a third degree felony.
62 (c) If the person committing an offense under Subsection (1)(c) regarding providing a
63 weapon knows the offender has committed a second or third degree felony, the offense is a second
64 degree felony.
65 (d) If the person committing an offense under Subsections (1)(a) through (g) knows the
66 offender has committed a capital offense or a felony of the first degree, [in which case] the offense
67 is a second degree felony.
68 [(3)] (4) An offense under Subsection (1)[(g)](h) is a third degree felony.
69 [(4)] (5) Subsection (1)(f) does not apply to an act against a juror. Obstructing the function
70 of a juror is addressed in Section 76-8-508.5 .
71 (6) A person is guilty of a third degree felony who S :
71a (a) s harbors or conceals an offender who
72 has absconded from a facility or from supervision as these offenses are defined in Section
73 76-8-309.5 S [ . ] ; OR
73a (b) HAS ESCAPED FROM OFFICIAL CUSTODY AS DEFINED IN SECTION 76-8-309. s
74 [(5)] (7) The provisions of Section 76-8-316 [shall] govern an act or threat against a judge
75 or a member of the Board of Pardons and Parole or the judge's or member's immediate family.
75a h Section 3. Section 76-8-309.5 is amended to read:
75b 76-8-309.5. Absconding.
75c (1) An offender absconds from a facility when he:
75d (a) leaves the facility without permission; or
75e (b) fails to return at a prescribed time.
75f (2) An offender absconds from supervision when he [willfully]:
75g (a) changes HIS RESIDENCE FROM the residence that he reported as his correct address TO
75h ANOTHER RESIDENCE, without notifying his parole officer or obtaining permission[.]; OR
75i (b) FOR THE PURPOSE OF AVOIDING SUPERVISION:
75j (i) HIDES AT A DIFFERENT LOCATION FROM HIS REPORTED RESIDENCE; OR
75k (ii) LEAVES HIS REPORTED RESIDENCE.
75l (3) Absconding is a third degree felony.
75m (4) For the purposes of this section:
75n (a) "Facility" means a residential facility owned, operated, leased, or contracted by the
75o Department of Corrections or a county to provide housing, programming, or treatment of h

75p h individuals who have been placed on parole.
75q (b) "Offender" means a person who has been convicted of a crime and has been:
75r (i) sent to a facility;
75s (ii) placed on parole under condition that he report to a parole officer on a regular basis or
75t that he serve periods of confinement during his parole period or that he attend classes or treatment as
75u a condition of parole; or
75v (iii) released for a period during confinement for work, school, treatment, or other temporary
75w nonconfinement purposes. h