First Substitute S.B. 122

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Senate Committee Amendments 1-30-2006 sm/sca This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 30, 2006 at 9:16 AM by smaeser. --> Senator Scott D. McCoy proposes the following substitute bill:

1 REPEAL OF LIBEL PROVISIONS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott D. McCoy
5 House Sponsor: Ross I. Romero
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code to repeal the unconstitutional criminal libel
10 provision and to repeal related sections. This bill also repeals S. [ criminal defamation and ] the .S
11 slander statutes.
12 Highlighted Provisions:
13 This bill:
14 . repeals the criminal libel statute, which was found unconstitutional by the Utah
15 Supreme Court;
16 . repeals the definition and presumptions relating to the criminal libel offense;
17 S. [ . repeals the Criminal Code offense of criminal defamation; ] .S
18 . repeals the Criminal Code offense of slander regarding female chastity; and
19 . repeals the offense of transmitting a false or libelous statement to publications or
20 broadcast stations.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

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Senate Committee Amendments 1-30-2006 sm/sca 26

REPEALS:
27 S. [ 76-9-404, as enacted by Chapter 196, Laws of Utah 1973 ] .S
28 76-9-501, as enacted by Chapter 196, Laws of Utah 1973
29 76-9-502, as last amended by Chapter 241, Laws of Utah 1991
30 76-9-507, as last amended by Chapter 241, Laws of Utah 1991
31 76-9-508, as last amended by Chapter 20, Laws of Utah 1995
32 76-9-509, as enacted by Chapter 196, Laws of Utah 1973
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Repealer.
36 This bill repeals:
37 S. [ Section 76-9-404, Criminal defamation. ] .S
38 Section 76-9-501,"Libel" defined.
39 Section 76-9-502, Libel -- Elements -- Classification of offense.
40 Section 76-9-507, Slander -- Imputing unchastity to female.
41 Section 76-9-508, Slander -- Imputation need not be proven false -- Truth as
42 defense.
43 Section 76-9-509, Conveying false or libelous material to newspaper or
44 broadcasting stations.

*SB0122S01*