S.B. 73

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Senate Committee Amendments 1-26-2004 sm/sca This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 26, 2004 at 12:19 PM by smaeser. --> 1

ESCAPE AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Thomas V. Hatch
5
6 LONG TITLE
7 General Description:
8 This bill amends the criminal responsibility imposed upon specified persons who assist
9 a person in escaping and makes technical amendments.
10 Highlighted Provisions:
11 This bill:
12 . provides that a person is guilty of the second degree felony of escape if the person
13 aids in the escape and is an employee or volunteer of specified government entities;
13a S . DEFINES THE SCOPE OF ACTIVITY CONSIDERED TO BE AN ESCAPE OR ATTEMPTED
13b ESCAPE; s
14 . repeals the current provision regarding aiding an escape, which specified elements
15 of second and third degree offenses; and
16 . clarifies the spelling of trusty, as it refers to inmates placed on trusty status.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides an immediate effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 31A-35-701, as last amended by Chapter 298, Laws of Utah 2003
24 64-13-14.6, as enacted by Chapter 185, Laws of Utah 1999
25 76-3-203.3, as last amended by Chapter 166, Laws of Utah 2002
26 76-8-309, as last amended by Chapter 17, Laws of Utah 2002
27 REPEALS:

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- 2 - 28 76-8-310, as last amended by Chapter 289, Laws of Utah 1997
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 31A-35-701 is amended to read:
32 31A-35-701. Prohibited acts.
33 (1) A bail bond producer or bail bond surety may not:
34 (a) solicit business in or about:
35 (i) any place where persons in the custody of the state or any local law enforcement or
36 correctional agency are confined; or
37 (ii) any court;
38 (b) pay a fee or rebate or give or promise anything of value to any person in order to
39 secure a settlement, compromise, remission, or reduction of the amount of any undertaking or
40 bail bond;
41 (c) pay a fee or rebate or give anything of value to an attorney in regard to any bail
42 bond matter, except payment for legal services actually rendered for the bail bond producer or
43 bail bond surety;
44 (d) pay a fee or rebate or give or promise anything of value to the principal or anyone
45 in the principal's behalf; or
46 (e) engage in any other act prohibited by the commissioner by rule.
47 (2) The following persons may not act as bail bond producers and may not, directly or
48 indirectly, receive any benefits from the execution of any bail bond:
49 (a) a person employed at any jail, correctional facility, or other facility used for the
50 incarceration of persons;
51 (b) a peace officer;
52 (c) a judge; and
53 (d) a [trustee] trusty or prisoner incarcerated in any jail, correctional facility, or other
54 facility used for the incarceration of persons.
55 (3) A bail bond producer may not:
56 (a) sign or countersign in blank any bail bond; or
57 (b) give the power of attorney to, or otherwise authorize anyone to, countersign in the
58 bail bond producer's name to a bail bond.

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- 3 - 59 (4) A bail bond producer may not advertise or hold himself out to be a bail bond surety.
60 (5) The following persons or members of their immediate families may not solicit
61 business on behalf of a bail bond surety or bail bond producer:
62 (a) a person employed at any jail, correctional facility, or other facility used for the
63 incarceration of persons;
64 (b) a peace officer;
65 (c) a judge; and
66 (d) a [trustee] trusty or prisoner incarcerated in any jail, correctional facility, or other
67 facility used for the incarceration of persons.
68 Section 2. Section 64-13-14.6 is amended to read:
69 64-13-14.6. Inmate trusty status.
70 (1) The department may grant an offender [trustee] trusty status.
71 (2) [Trustee] Trusty status may be granted to an inmate who has:
72 (a) been granted a release date by the Board of Pardons and Parole; and
73 (b) agreed to the terms and conditions established by the department to participate in
74 compensatory service or work projects prior to his parole date.
75 (3) The department shall develop rules governing inmates granted [trustee] trusty
76 status.
77 Section 3. Section 76-3-203.3 is amended to read:
78 76-3-203.3. Penalty for hate crimes -- Civil rights violation.
79 As used in this section:
80 (1) "Primary offense" means those offenses provided in Subsection (5).
81 (2) A person who commits any primary offense with the intent to intimidate or
82 terrorize another person or with reason to believe that his action would intimidate or terrorize
83 that person is guilty of a third degree felony.
84 (3) "Intimidate or terrorize" means an act which causes the person to fear for his
85 physical safety or damages the property of that person or another. The act must be accompanied
86 with the intent to cause a person to fear to freely exercise or enjoy any right secured by the
87 Constitution or laws of the state or by the Constitution or laws of the United States.
88 (4) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
89 provide notice on the complaint in misdemeanor cases that the defendant is subject to a third

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- 4 - 90 degree felony provided under this section. The notice shall be in a clause separate from and in
91 addition to the substantive offense charged.
92 (b) If the notice is not included initially, the court may subsequently allow the
93 prosecutor to amend the charging document to include the notice if the court finds:
94 (i) that the amended charging documents, including any statement of probable cause,
95 provide notice that the defendant is subject to a third degree felony provided under this section;
96 and
97 (ii) that the defendant has not otherwise been substantially prejudiced by the
98 amendment.
99 (5) Primary offenses referred to in Subsection (2) are the misdemeanor offenses for:
100 (a) assault and related offenses under Sections 76-5-102 , 76-5-102.4 , 76-5-106 ,
101 76-5-107 , and 76-5-108 ;
102 (b) any misdemeanor property destruction offense under Sections 76-6-102 , 76-6-104 ,
103 and 76-8-714 , and Subsection 76-6-106 (2)(b);
104 (c) any criminal trespass offense under Sections 76-6-204 and 76-6-206 ;
105 (d) any misdemeanor theft offense under Section 76-6-412 ;
106 (e) any offense of obstructing government operations under Sections 76-8-301 ,
107 76-8-302 , 76-8-304 , 76-8-305 , 76-8-306 , 76-8-307 , 76-8-308 , and 76-8-313 [and Subsection
108 76-8-310 (1)];
109 (f) any offense of interfering or intending to interfere with activities of colleges and
110 universities under Title 76, Chapter 8, Part 7;
111 (g) any misdemeanor offense against public order and decency as defined in Title 76,
112 Chapter 9, Part 1;
113 (h) any telephone abuse offense under Title 76, Chapter 9, Part 2;
114 (i) any cruelty to animals offense under Section 76-9-301 ; and
115 (j) any weapons offense under Section 76-10-506 .
116 Section 4. Section 76-8-309 is amended to read:
117 76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
118 (1) (a) (i) A prisoner is guilty of escape if he leaves official custody without lawful
119 authorization.
120 [(b)] (ii) If a prisoner obtains authorization to leave official custody by means of deceit,

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Senate Committee Amendments 1-26-2004 sm/sca 121

fraud, or other artifice, the prisoner has not received lawful authorization.
122 (b) Escape under this Subsection (1) is a third degree felony except as provided under
123 Subsection (1)(c).
124 (c) Escape under this Subsection (1) is a second degree felony if:
125 (i) the actor escapes from a state prison; or
126 (ii) (A) the actor is convicted as a party to the offense, as defined in Section 76-2-202 ;
127 and
128 (B) the actor is an employee at or a volunteer of a law enforcement agency, the
129 Department of Corrections, a county or district attorney's office, the office of the state attorney
130 general, the Board of Pardons and Parole, or the courts, the Judicial Council, the Office of the
131 Court Administrator, or similar administrative units in the judicial branch of government.
132 (2) (a) A prisoner is guilty of aggravated escape if in the commission of an escape he
133 uses a dangerous weapon, as defined in Section 76-1-601 , or causes serious bodily injury to
134 another.
135 [(3)] (b) Aggravated escape is a first degree felony.
136 [(4) Escape from a state prison is a second degree felony.]
137 [(5) Any other escape is a third degree felony.]
138 [(6)] (3) Any prison term imposed upon a prisoner for escape under this section shall
139 run consecutively with any other sentence.
140 [(7)] (4) For the purposes of this [part] section:
141 (a) "Confinement" means the prisoner is:
142 (i) housed in a state prison or any other facility pursuant to a contract with the Utah
143 Department of Corrections after being sentenced and committed and the sentence has not been
144 terminated or voided or the prisoner is not on parole;
145 (ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county
146 jail after sentencing and commitment and the sentence has not been terminated or voided or the
147 prisoner is not on parole; or
148 (iii) lawfully detained following arrest.
149 S (b) ESCAPE" IS CONSIDERED TO BE A CONTINUING ACTIVITY COMMENCING WITH THE
149a CONCEPTION OF THE DESIGN TO ESCAPE AND CONTINUING UNTIL THE ESCAPING PRISONER IS
149b RETURNED TO OFFICIAL CUSTODY OR THE PRISONER'S ATTEMPT TO ESCAPE IS THWARTED OR
149c ABANDONED.
149d [ (b) ] (c) s "Official custody" means arrest, whether with or without warrant, or
149e confinement in
150 a state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
151 pursuant to an order of the court or sentenced and committed and the sentence has not been

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Senate Committee Amendments 1-26-2004 sm/sca 152

terminated or voided or the prisoner is not on parole. A person is considered confined in the
153 state prison if he:
154 (i) without authority fails to return to his place of confinement from work release or
155 home visit by the time designated for return;
156 (ii) is in prehearing custody after arrest for parole violation;
157 (iii) is being housed in a county jail, after felony commitment, pursuant to a contract
158 with the Department of Corrections; or
159 (iv) is being transported as a prisoner in the state prison by correctional officers.
160 S [ (c) ] (d) s "Prisoner" means any person who is in official custody and includes persons
160a under
161 [trustee] trusty status.
162 S [ (d) ] (e) s "Volunteer" means any person who donates service without pay or other
163 compensation except expenses actually and reasonably incurred as approved by the supervising
164 agency.
165 Section 5. Repealer.
166 This bill repeals:
167 Section 76-8-310, Aiding escape -- Penalties.
168 Section 6. Effective date.
169 If approved by two-thirds of all the members elected to each house, this bill takes effect
170 upon approval by the governor, or the day following the constitutional time limit of Utah
171 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
172 the date of veto override.

Legislative Review Note
as of 10-27-03 2:03 PM

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

Office of Legislative Research and General Counsel