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S.B. 2009






Sponsor: Lyle W. Hillyard

             6      This act modifies the Utah Criminal Code by increasing the penalties for riots and giving a
             7      false alarm. The act provides an effective date.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          76-9-101, as last amended by Chapter 289, Laws of Utah 1997
             11          76-9-105, as enacted by Chapter 196, Laws of Utah 1973
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 76-9-101 is amended to read:
             14           76-9-101. Riot -- Penalties.
             15          (1) A person is guilty of riot if:
             16          (a) simultaneously with two or more other persons he engages in tumultuous or violent
             17      conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or
             18          (b) he assembles with two or more other persons with the purpose of engaging, soon
             19      thereafter, in tumultuous or violent conduct, knowing, that two or more other persons in the
             20      assembly have the same purpose; or
             21          (c) he assembles with two or more other persons with the purpose of committing an
             22      offense against a person or property of another who he supposes to be guilty of a violation of law,
             23      believing that two or more other persons in the assembly have the same purpose.
             24          (2) Any person who refuses to comply with a lawful order to withdraw given to him
             25      immediately prior to, during, or immediately following a violation of Subsection (1) is guilty of
             26      riot. It is no defense to a prosecution under this Subsection (2) that withdrawal must take place
             27      over private property; provided, however, that no persons so withdrawing shall incur criminal or

             28      civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.
             29          (3) Riot is a felony of the third degree if, in the course of and as a result of the conduct,
             30      any person suffers bodily injury, or substantial property damage, arson occurs or the defendant was
             31      armed with a dangerous weapon, as defined in Section 76-1-601 ; otherwise it is a class [B] A
             32      misdemeanor.
             33          Section 2. Section 76-9-105 is amended to read:
             34           76-9-105. Giving a false alarm.
             35          (1) A person is guilty of giving a false alarm if he initiates or circulates a report or warning
             36      of any fire, impending bombing, or other crime or catastrophe, knowing that the report or warning
             37      is false or baseless and is likely to cause evacuation of any building, place of assembly, or facility
             38      of public transport, to cause public inconvenience or alarm or action of any sort by any official or
             39      volunteer agency organized to deal with emergencies.
             40          (2) Giving a false alarm is a class [B] A misdemeanor.
             41          Section 3. Effective date.
             42          If approved by two-thirds of all the members elected to each house, this act takes effect
             43      upon approval by the governor, or the day following the constitutional time limit of Utah
             44      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             45      date of veto override.

Legislative Review Note
    as of 9-25-01 9:12 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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