H.B. 258
         CRIMINAL SENTENCING AMENDMENTS

House Floor Amendments

Amendment 1 February 2, 2001 12:22 pm



Representative Daniels proposes the following amendments:

1.    Page 1, Line 8:    Delete " repealing" and insert " amending"

2.    Page 1, Line 19:    After Line 19 insert:
        " 76-5-103.5, as last amended by Chapter 207, Laws of Utah 1997"

3.    Page 2, Line 33:    Delete Lines 33 and 34.

4.    Page 14, Line 409:    After Line 409 insert:
        "Section 8. Section 76-5-103.5 is amended to read:
         76-5-103.5 .   Aggravated assault by prisoner.
         (1) Any prisoner, not serving a sentence for a capital felony or a felony of the first degree, who commits aggravated assault is guilty of:
         (a) a felony of the second degree if no serious bodily injury was intentionally caused; or
         (b) a felony of the first degree if serious bodily injury was intentionally caused.
         [ (2) Any prisoner serving a sentence for a capital felony or a felony of the first degree who commits aggravated assault is guilty of: ]
         [ (a) a felony of the first degree if no serious bodily injury was intentionally caused; or ]
         [ (b) a capital felony if serious bodily injury was intentionally caused. ]
         [ (3) ] (2) For the purpose of this section, "serving a sentence" means sentenced and committed to the custody of the Department of Corrections, the sentence has not been terminated or voided, and the prisoner is:
         (a) not on parole; or
         (b) in custody after arrest for a parole violation. "


5.    Page 25, Line 764:    Delete Lines 764, 765, and 766.

         Renumber remaining sections accordingly.