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H.B. 19 Enrolled
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding assault on a peace officer.
11 Highlighted Provisions:
12 This bill:
13 . increases the penalty for committing a second or subsequent assault against a peace
14 officer from a class A misdemeanor to a third degree felony;
15 . provides that the section amended in this bill does not affect the exercise of
16 constitutional rights, including the right of free speech and the right of assembly; and
17 . provides a definition of "peace officer."
18 Monies Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 76-5-102.4, as last amended by Laws of Utah 1998, Chapter 172
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-5-102.4 is amended to read:
28 76-5-102.4. Assault against peace officer -- Penalty.
29 (1) As used in this section, "peace officer" means a law enforcement officer certified
30 under Section 53-13-103 .
32 officer, and when the peace officer is acting within the scope of his authority as a peace officer,
33 is guilty of a class A misdemeanor, except as provided in Subsection (2)(b).
34 (b) A person who violates this section and has been previously convicted of a violation
35 of this section is guilty of a third degree felony.
37 facility, a minimum of:
38 (a) 90 consecutive days for a second offense; and
39 (b) 180 consecutive days for each subsequent offense.
41 under Subsection [
42 makes specific findings concerning the disposition in writing or on the record.
43 (5) This section does not affect or limit any individual's constitutional right to the lawful
44 expression of free speech, the right of assembly, or any other recognized rights secured by the
45 Constitution or laws of Utah or by the Constitution or laws of the United States.
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