S.B. 109 Assault Amendments
Bill Sponsor: ![]() Sen. Osmond, Aaron | Floor Sponsor: ![]() Rep. Bird, Jim |
- Drafting Attorney: Susan Creager Allred
- Fiscal Analyst: Gary R. Syphus
- Bill Text
- Introduced
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- Introduced
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- Information
- Last Action: 8 Mar 2012, Senate/ filed
- Last Location: Senate file for bills not passed
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S.B. 109
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[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 109
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7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding the offense of assault against a peace
10 officer or military service member.
11 Highlighted Provisions:
12 This bill:
13 . creates the third degree offense of assaulting a peace officer or military service
14 member in uniform if the offender causes substantial bodily injury; and
15 . creates the second degree offense of assaulting a peace officer or a military service
16 member in uniform while the offender is using a dangerous weapon or force likely
17 to cause serious injury or death.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-5-102.4, as last amended by Laws of Utah 2009, Chapter 125
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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 or a military service member in uniform
29 -- Penalties.
30 (1) As used in this section:
31 (a) "Military service member in uniform" means:
32 (i) a member of any branch of the United States military who is wearing a uniform as
33 authorized by the member's branch of service; or
34 (ii) a member of the National Guard serving as provided in Section 39-1-5 or 39-1-9 .
35 (b) "Peace officer" means a law enforcement officer certified under Section 53-13-103 .
36 (2) [
37 [
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39 the peace officer is acting within the scope of his authority as a peace officer; or
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41 orders and acting within the scope of authority granted to the military service member in
42 uniform.
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44 degree felony if the person:
45 (a) has been previously convicted of a violation of [
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47 (b) the person causes substantial bodily injury.
48 (4) A person who violates Subsection (2) is guilty of a second degree felony if the
49 person uses:
50 (a) a dangerous weapon as defined in Section 76-1-601 ; or
51 (b) other means or force likely to produce death or serious bodily injury.
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53 facility, a minimum of:
54 (a) 90 consecutive days for a second offense; and
55 (b) 180 consecutive days for each subsequent offense.
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57 under Subsection [
58 the suspension and the court makes specific findings concerning the disposition [
59 on the record.
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61 lawful expression of free speech, the right of assembly, or any other recognized rights secured
62 by the Constitution or laws of Utah or by the Constitution or laws of the United States.
Legislative Review Note
as of 12-19-11 6:30 AM
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/10/2012 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
1/10/2012 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/10/2012 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
1/19/2012 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
1/19/2012 | LFA/ fiscal note sent to sponsor | Waiting for Introduction in the Senate | |
1/20/2012 | LFA/ fiscal note publicly available | Waiting for Introduction in the Senate | |
1/23/2012 | Senate/ received fiscal note from Fiscal Analyst | Waiting for Introduction in the Senate | |
1/23/2012 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
1/23/2012 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
1/25/2012 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 5 0 2 |
1/26/2012 (10:30:42 AM) | Senate/ committee report favorable | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
1/26/2012 (10:30:43 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
1/30/2012 (11:36:16 AM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
1/30/2012 (11:43:53 AM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 28 0 1 |
1/31/2012 (10:52:00 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
1/31/2012 (10:52:31 AM) | Senate/ circled | Senate 3rd Reading Calendar | Voice vote |
2/1/2012 (10:29:02 AM) | Senate/ uncircled | Senate 3rd Reading Calendar | Voice vote |
2/1/2012 (10:32:57 AM) | Senate/ passed 3rd reading | Clerk of the House | 29 0 0 |
2/1/2012 (10:32:58 AM) | Senate/ to House | Clerk of the House | |
2/1/2012 | House/ received from Senate | Clerk of the House | |
2/2/2012 | House/ 1st reading (Introduced) | House Rules Committee | |
2/2/2012 | House/ to standing committee | House Law Enforcement and Criminal Justice Committee | |
2/7/2012 | House Comm - Favorable Recommendation | House Law Enforcement and Criminal Justice Committee | 9 0 4 |
2/8/2012 (12:03:25 PM) | House/ committee report favorable | House Law Enforcement and Criminal Justice Committee | |
2/8/2012 (12:03:26 PM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
2/8/2012 | House/ return to Rules due to fiscal impact | House Rules Committee | |
3/8/2012 | House/ strike enacting clause | Senate Secretary | |
3/8/2012 | House/ to Senate | Senate Secretary | |
3/8/2012 | Senate/ received from House | Senate Secretary | |
3/8/2012 | Senate/ filed | Senate file for bills not passed |
Committee Hearings/Floor Debate
- Committee Hearings