S.B. 112

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 2, 2009 at 10:25 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 10, 2009 at 11:03 AM by rday. --> 1

OBSTRUCTION OF JUSTICE AMENDMENT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ralph Okerlund
5 House Sponsor: Jennifer M. Seelig
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the offense of obstruction of justice.
10 Highlighted Provisions:
11 This bill:
12 . includes as obstruction of justice the act of advising a person of the existence of an
13 order for a wiretap, or the pending application for a wiretap.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-8-306, as last amended by Laws of Utah 2005, Chapter 13
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-8-306 is amended to read:
24 76-8-306. Obstruction of justice in criminal investigations or proceedings --
25 Elements -- Penalties -- Exceptions.
26 (1) An actor commits obstruction of justice if the actor, with intent to hinder, delay, or
27 prevent the investigation, apprehension, prosecution, conviction, or punishment of any person

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- 2 - 28 regarding conduct that constitutes a criminal offense:
29 (a) provides any person with a weapon;
30 (b) prevents by force, intimidation, or deception, any person from performing any act
31 that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any
32 person;
33 (c) alters, destroys, conceals, or removes any item or other thing;
34 (d) makes, presents, or uses any item or thing known by the actor to be false;
35 (e) harbors or conceals a person;
36 (f) provides a person with transportation, disguise, or other means of avoiding
37 discovery or apprehension;
38 (g) warns any person of impending discovery or apprehension;
39 (h) warns any person of an order authorizing the interception of wire communications
40 or of a pending application for an order authorizing the interception of wire communications;
41 [(h)] (i) conceals information that is not privileged and that concerns the offense, after
42 a judge or magistrate has ordered the actor to provide the information; or
43 [(i)] (j) provides false information regarding a suspect, a witness, the conduct
44 constituting an offense, or any other material aspect of the investigation.
45 (2) (a) As used in this section, "conduct that constitutes a criminal offense" means
46 conduct that would be punishable as a crime and is separate from a violation of this section,
47 and includes:
48 (i) any violation of a criminal statute or ordinance of this state, its political
49 subdivisions, any other state, or any district, possession, or territory of the United States; and
50 (ii) conduct committed by a juvenile which would be a crime if committed by an adult.
51 (b) A violation of a criminal statute that is committed in another state, or any district,
52 possession, or territory of the United States, is a:
53 (i) capital felony if the penalty provided includes death or life imprisonment without
54 parole;
55 (ii) a first degree felony if the penalty provided includes life imprisonment with parole
56 or a maximum term of imprisonment exceeding 15 years;
57 (iii) a second degree felony if the penalty provided exceeds five years;
58 (iv) a third degree felony if the penalty provided includes imprisonment for any period

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Senate 2nd Reading Amendments 2-10-2009 rd/

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Senate Committee Amendments 2-2-2009 rd/ 59

exceeding one year; and
60 (v) a misdemeanor if the penalty provided includes imprisonment for any period of one
61 year or less.
62 (3) [The penalties for obstruction] Obstruction of justice [are] is:
63 (a) a second degree felony if the conduct which constitutes an offense would be a
64 capital felony or first degree felony;
65 (b) a third degree felony if:
66 (i) the conduct that constitutes an offense would be a second or third degree felony and
67 the actor violates Subsection (1)(b), (c), (d), (e), or (f);
68 (ii) the conduct that constitutes an offense would be any offense other than a capital or
69 first degree felony and the actor violates Subsection (1)(a); S. [ or ] .S
70 (iii) the obstruction of justice is presented or committed before a court of law; or
70a S. (iv) a violation of Subsection (1)(h); or .S
71 (c) a class A misdemeanor for any violation of this section that is not enumerated under
72 Subsection (3)(a) or (b).
73 (4) It is not a defense that the actor was unaware of the level of penalty for the conduct
74 constituting an offense.
75 (5) Subsection (1)(e) does not apply to harboring a youth offender, which is governed
76 by Section 62A-7-402 .
77 (6) Subsection (1)(b) does not apply to:
78 (a) tampering with a juror, which is governed by Section 76-8-508.5 ;
79 (b) influencing, impeding, or retaliating against a judge or member of the Board of
80 Pardons and Parole, which is governed by Section 76-8-316 ;
81 (c) tampering with a witness or soliciting or receiving a bribe, which is governed by
82 Section 76-8-508 ;
83 (d) retaliation against a witness, victim, or informant, which is governed by Section
84 76-8-508.3 ; or
85 (e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
86 76-8-509 .
87 (7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony
88 if the actor harbors or conceals an offender who has escaped from official custody as defined in
89 Section 76-8-309 .

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Legislative Review Note
as of 1-15-09 2:55 PM

Office of Legislative Research and General Counsel