H.B. 77

1

FELONY ASSAULT AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Frank
5
6 LONG TITLE
7 General Description:
8 This bill increases the penalty for assaulting an EMT, health care provider, or peace
9 officer to a third degree felony. This bill also provides that an assault on a firefighter is
10 a third degree felony.
11 Highlighted Provisions:
12 This bill:
13 . increases the enhanced penalty from a class A misdemeanor to a third degree felony
14 for the offense of assaulting an emergency medical technician or a health care
15 provider;
16 . increases the enhanced penalty from a class A misdemeanor to a third degree felony
17 for the offense of assaulting a peace officer; and
18 . provides that assault on a firefighter is subject to an enhanced penalty, which is a
19 third degree felony.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 76-5-102.4, as last amended by Chapter 172, Laws of Utah 1998
27 76-5-102.7, as last amended by Chapter 141, Laws of Utah 1999

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-5-102.4 is amended to read:
31 76-5-102.4. Assault against peace officer -- Penalty.
32 (1) As used in this section, "firefighter" means a member, including volunteer members
33 and members paid on call, of a fire department or other organization that provides fire
34 suppression and other fire-related services, of a political subdivision who is responsible for or
35 is in a capacity that includes responsibility for the extinguishment of fires.
36 [(1)] (2) Any person who assaults a peace officer or a firefighter, with knowledge that
37 he is a peace officer or a firefighter, and when the peace officer or firefighter is acting within
38 the scope of his authority as a peace officer or a firefighter, is guilty of a [class A
39 misdemeanor] a third degree felony.
40 [(2)] (3) A person who violates this section shall serve, in jail or another correctional
41 facility, a minimum of:
42 (a) 90 consecutive days for a second offense; and
43 (b) 180 consecutive days for each subsequent offense.
44 [(3)] (4) The court may suspend the imposition or execution of the sentence required
45 under Subsection [(2)] (3) if the court finds that the interests of justice would be best served
46 and makes specific findings concerning the disposition in writing or on the record.
47 Section 2. Section 76-5-102.7 is amended to read:
48 76-5-102.7. Assault against health care provider and emergency medical service
49 worker -- Penalty.
50 (1) A person who assaults a health care provider or emergency medical service worker
51 is guilty of a [class A misdemeanor] third degree felony if:
52 (a) the person knew that the victim was a health care provider or emergency medical
53 service worker; and
54 (b) the health care provider or emergency medical service worker was performing
55 emergency or life saving duties within the scope of his authority at the time of the assault.
56 (2) As used in this section:
57 (a) " Emergency medical service worker" means a person certified under Section
58 26-8a-302 .

59 (b) "Health care provider" has the meaning as provided in Section 78-14-3 .




Legislative Review Note
as of 12-17-03 11:38 AM

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

Office of Legislative Research and General Counsel