First Substitute H.B. 275

Representative Curtis Oda proposes the following substitute bill:

1 OFFENSE AGAINST PEACE OFFICERS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis Oda
5 Senate Sponsor: Jon J. Greiner
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code and the Code of Criminal Procedure regarding
10 peace officers, including an officer's authority to stop a person, the offense of propelling
11 an item at a peace officer or correctional officer, and the offense of assaulting a peace
12 officer.
13 Highlighted Provisions:
14 This bill:
15 . provides that a person who assaults a peace officer after the person has been stopped
16 for questioning is guilty of a third degree felony; and
17 . amends the offense of propelling substances at peace and correctional officers to
18 include persons other than prisoners.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-5-101, as last amended by Chapter 171, Laws of Utah 2003

26 76-5-102.4, as last amended by Chapter 172, Laws of Utah 1998
27 76-5-102.6, as last amended by Chapter 230, Laws of Utah 2005
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-5-101 is amended to read:
31 76-5-101. "Prisoner" defined.
32 [For purposes of] As used in this part, "prisoner" means any person who is:
33 (1) in custody of a peace officer pursuant to a lawful arrest [or who is];
34 (2) lawfully detained pursuant to Section 77-7-15 ; or
35 (3) confined in a jail or other penal institution or a facility used for confinement of
36 delinquent juveniles and that is operated by the Division of Juvenile Justice Services,
37 regardless of whether the confinement is legal.
38 Section 2. Section 76-5-102.4 is amended to read:
39 76-5-102.4. Assault against peace officer -- Penalty.
40 (1) Any person who assaults a peace officer, with knowledge that he is a peace officer,
41 and when the peace officer:
42 (a) is acting within the scope of his authority as a peace officer, is guilty of a class A
43 misdemeanor; and
44 (b) is acting within the scope of his authority as a peace officer to stop and question the
45 person pursuant to Section 77-7-15 , is guilty of a third degree felony.
46 (2) A person who violates this section shall serve, in jail or another correctional
47 facility, a minimum of:
48 (a) 90 consecutive days for a second offense; and
49 (b) 180 consecutive days for each subsequent offense.
50 (3) The court may suspend the imposition or execution of the sentence required under
51 Subsection (2) if the court:
52 (a) finds that the interests of justice would be best served; and
53 (b) makes specific findings concerning the disposition in writing or on the record.
54 Section 3. Section 76-5-102.6 is amended to read:
55 76-5-102.6. Propelling substance or object at a correctional or peace officer --
56 Penalties.

57 (1) Any prisoner who throws or otherwise propels any substance or object at a peace or
58 correctional officer is guilty of a class A misdemeanor, except as provided under Subsection
59 (2).
60 (2) A violation of Subsection (1) is a third degree felony if:
61 (a) the object or substance is:
62 (i) blood, urine, or fecal material; or
63 (ii) the prisoner's saliva, and the prisoner is infected with HIV, hepatitis B, or hepatitis
64 C; and
65 (b) the object or substance comes into contact with any portion of the officer's face,
66 including the eyes or mouth, or comes into contact with any open wound on the officer's body.
67 (3) If an offense committed under this section amounts to an offense subject to a
68 greater penalty under another provision of state law than under this section, this section does
69 not prohibit prosecution and sentencing for the more serious offense.