Download Zipped Introduced WordPerfect HB0421.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 421
1
2
3
4
5
6
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code offense of tampering with evidence.
11 Highlighted Provisions:
12 This bill:
13 . amends the offense of tampering with evidence to:
14 . define "thing or item" and "official proceeding"; and
15 . clarify acts that are included in the offense of tampering with evidence.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-8-510.5, as last amended by Chapter 41, Laws of Utah 2005
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-8-510.5 is amended to read:
26 76-8-510.5. Tampering with evidence -- Elements -- Penalties.
27 (1) As used in this section:
28 (a) "Any thing or item" includes any document, record book, paper, file, electronic
29 compilation, or other tangible evidence.
30 (b) "Official proceeding" includes any action, trial, administrative proceeding, or other
31 adjudicative process.
32 [
33 proceeding or investigation is pending or about to be instituted, or with the intent to prevent an
34 official proceeding or investigation or to prevent the production of any thing or item which
35 reasonably would be anticipated to be evidence in the official proceeding or investigation, the
36 person knowingly or intentionally:
37 (a) alters, destroys, conceals, or removes any thing or item with the purpose of
38 impairing the veracity or availability of the thing or item in the proceeding or investigation; or
39 (b) makes, presents, or uses any thing or item which he knows to be false with the
40 purpose of deceiving a public servant who is or may be engaged in the proceeding or
41 investigation.
42 [
43 Section 76-8-306 .
44 [
45 committed in conjunction with an official proceeding.
46 (b) Any violation of this section except under Subsection [
47 misdemeanor.
Legislative Review Note
as of 1-30-06 5:20 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.