H.B. 244

1

AGGRAVATED ASSAULT BY PRISONERS
2 AMENDMENT
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott L Wyatt
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding the offense of aggravated assault by a
11 prisoner.
12 Highlighted Provisions:
13 This bill:
14 . amends the offense of aggravated assault by a prisoner so that it is not limited to
15 prisoners in the custody of the Department of Corrections; and
16 . removes an exemption for prisoners convicted of first degree and capital felonies.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-5-103.5, as last amended by Chapter 209, Laws of Utah 2001
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-5-103.5 is amended to read:
27 76-5-103.5. Aggravated assault by prisoner.

28 [(1)] Any prisoner[, not serving a sentence for a capital felony or a felony of the first
29 degree,] who commits aggravated assault not amounting to a violation of Section 76-3-203.6 is
30 guilty of:
31 [(a)] (1) a second degree felony [of the second degree] if no serious bodily injury was
32 intentionally caused; or
33 [(b)] (2) a first degree felony [of the first degree] if serious bodily injury was
34 intentionally caused.
35 [(2) For the purpose of this section, "serving a sentence" means sentenced and
36 committed to the custody of the Department of Corrections, the sentence has not been
37 terminated or voided, and the prisoner is:]
38 [(a) not on parole; or]
39 [(b) in custody after arrest for a parole violation.]




Legislative Review Note
as of 1-6-06 8:14 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel