First Substitute S.B. 122

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 criminal defamation and
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 . repeals the Criminal Code offense of criminal defamation;
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:

26 REPEALS:
27 76-9-404, as enacted by Chapter 196, Laws of Utah 1973
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 Section 76-9-404, Criminal defamation.
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*