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S.B. 105

             1     

BOARD OF PARDONS AND PAROLE REVISIONS

             2     
2013 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Daniel W. Thatcher

             5     
House Sponsor: Stephen G. Handy

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Utah Criminal Code regarding influencing a judge or a member
             10      of the Board of Pardons and Parole.
             11      Highlighted Provisions:
             12          This bill:
             13          .    provides that the offense of a threat or assault against a member of the Board of
             14      Pardons and Parole includes a threat or assault against a member of the immediate
             15      family of the board member; and
             16          .    includes the existing definition of immediate family.
             17      Money Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          76-8-316, as last amended by Laws of Utah 2008, Chapter 12
             24     
             25      Be it enacted by the Legislature of the state of Utah:
             26          Section 1. Section 76-8-316 is amended to read:
             27           76-8-316. Influencing, impeding, or retaliating against a judge or member of the


             28      Board of Pardons and Parole.
             29          (1) As used in this section:
             30          (a) "Board member" means an appointed member of the Board of Pardons and Parole.
             31          (b) "Immediate family" means parents, spouse, surviving spouse, children, and siblings
             32      of a judge or board member.
             33          (c) "Judge" means judges of all courts of record and courts not of record and court
             34      commissioners.
             35          [(1)] (2) A person is guilty of a third degree felony if the person threatens to assault,
             36      kidnap, or murder a judge [or a member of the Board of Pardons and Parole], a family member
             37      of a judge, a board member, or a family member of a board member with the intent to impede,
             38      intimidate, or interfere with the judge or board member [of the board] while engaged in the
             39      performance of the judge's or board member's official duties or with the intent to retaliate
             40      against the judge or board member on account of the performance of those official duties.
             41          [(2)] (3) A person is guilty of a second degree felony if the person commits an assault
             42      on a judge [or a member of the Board of Pardons and Parole], a family member of a judge, a
             43      board member, or a family member of a board member with the intent to impede, intimidate, or
             44      interfere with the judge or board member [of the board] while engaged in the performance of
             45      the judge's or board member's official duties, or with the intent to retaliate against the judge or
             46      board member on account of the performance of those official duties.
             47          [(3)] (4) A person is guilty of a first degree felony if the person commits aggravated
             48      assault or attempted murder on a judge [or a member of the Board of Pardons and Parole], a
             49      family member of a judge, a board member, or a family member of a board member with the
             50      [purpose] intent to impede, intimidate, or interfere with the judge or board member [of the
             51      board] while engaged in the performance of the judge's or board member's official duties or
             52      with the [purpose] intent to retaliate against the judge or board member on account of the
             53      performance of those official duties.
             54          [(4) As used in this section:]
             55          [(a) "Immediate family" means parents, spouse, surviving spouse, children, and
             56      siblings of the officer.]
             57          [(b) "Judge" means judges of all courts of record and courts not of record and court
             58      commissioners.]


             59          [(c) "Judge or member" includes the members of the judge's or member's immediate
             60      family.]
             61          [(d) "Member of the Board of Pardons and Parole" means appointed members of the
             62      board.]
             63          (5) A person is guilty of a first degree felony if the person commits attempted murder
             64      on a family member of a judge or a family member of a board member with the intent to
             65      impede, intimidate, or interfere with the judge or board member while engaged in the
             66      performance of the judge's or board member's official duties or with the intent to retaliate
             67      against the judge or board member on account of the performance of those official duties.
             68          [(5)] (6) A member of the Board of Pardons and Parole is an executive officer for
             69      purposes of Subsection 76-5-202 (1)(m).




Legislative Review Note
    as of 2-4-13 12:35 PM


Office of Legislative Research and General Counsel


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