S.B. 120 Enrolled

1

DISARMING A PEACE OFFICER AMENDMENT
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David P. Hinkins
5 House Sponsor: Curtis Oda
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding disarming a peace officer.
10 Highlighted Provisions:
11 This bill:
12 . provides that taking, or attempting to take, a conductive energy device from a
13 peace officer is a third degree felony.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 76-5-102.8, as enacted by Laws of Utah 1999, Chapter 274
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 76-5-102.8 is amended to read:
24 76-5-102.8. Disarming a peace officer -- Penalties.
25 (1) As used in this section:
26 (a) "Conductive energy device" means a weapon that uses electrical current to disrupt
27 voluntary control of muscles.
28 (b) "Firearm" has the same meaning as in Section 76-10-501 .
29 [A person] (2) An actor is guilty of [a first degree felony] an offense under Subsection

30 (3) who intentionally takes or removes, or attempts to take or remove[,] a firearm or a
31 conductive energy device from the person or immediate presence of a person [he] the actor
32 knows is a peace officer:
33 [(1)] (a) without the consent of the peace officer; and
34 [(2)] (b) while the peace officer is acting within the scope of his authority as a peace
35 officer.
36 (3) (a) Conduct under Subsection (2) regarding a firearm is a first degree felony.
37 (b) Conduct under Subsection (2) regarding a conductive energy device is a third
38 degree felony.