Chief Sponsor: Brad M. Daw

Senate Sponsor: Margaret Dayton


9     General Description:
10          This bill modifies the Utah Criminal Code regarding propelling a substance or object at
11     a health care provider.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that employees, volunteers, and health care providers are victims in the
15     statutory section that currently defines the offense of propelling a substance or
16     object, including a bodily fluid, at a peace officer or correctional officer; and
17          ▸     applies the same penalties as currently apply to the offense when committed against
18     a peace officer or correctional officer.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          53-10-403, as last amended by Laws of Utah 2014, Chapter 331
26          76-5-102.6, as last amended by Laws of Utah 2013, Chapter 306
27          76-5-102.7, as last amended by Laws of Utah 2008, Chapter 3

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 53-10-403 is amended to read:
31          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
32          (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
33     who:
34          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
35     (2)(a) or (b) on or after July 1, 2002;
36          (b) has pled guilty to or has been convicted by any other state or by the United States
37     government of an offense which if committed in this state would be punishable as one or more
38     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
39          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
40     offense under Subsection (2)(c);
41          (d) has been booked:
42          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
43     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
44          (ii) on or after January 1, 2015, for any felony offense; or
45          (e) is a minor under Subsection (3).
46          (2) Offenses referred to in Subsection (1) are:
47          (a) any felony or class A misdemeanor under the Utah Code;
48          (b) any offense under Subsection (2)(a):
49          (i) for which the court enters a judgment for conviction to a lower degree of offense
50     under Section 76-3-402; or
51          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
52     defined in Section 77-2a-1; or
53          (c) (i) any violent felony as defined in Section 53-10-403.5;
54          (ii) sale or use of body parts, Section 26-28-116;
55          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
56          (iv) driving with any amount of a controlled substance in a person's body and causing
57     serious bodily injury or death, Subsection 58-37-8(2)(g);

58          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
59          (vi) a felony violation of propelling a substance or object at a correctional [or] officer,
60     a peace officer, or an employee or a volunteer, including health care providers, Section
61     76-5-102.6;
62          (vii) aggravated human trafficking and aggravated human smuggling, Section
63     76-5-310;
64          (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
65          (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
66          (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
67          (xi) sale of a child, Section 76-7-203;
68          (xii) aggravated escape, Subsection 76-8-309(2);
69          (xiii) a felony violation of assault on an elected official, Section 76-8-315;
70          (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
71     Pardons and Parole, Section 76-8-316;
72          (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
73          (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
74          (xvii) a felony violation of sexual battery, Section 76-9-702.1;
75          (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
76          (xix) a felony violation of abuse or desecration of a dead human body, Section
77     76-9-704;
78          (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
79     76-10-402;
80          (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
81     Section 76-10-403;
82          (xxii) possession of a concealed firearm in the commission of a violent felony,
83     Subsection 76-10-504(4);
84          (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
85     Subsection 76-10-1504(3);

86          (xxiv) commercial obstruction, Subsection 76-10-2402(2);
87          (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
88     77-41-107;
89          (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
90          (xxvii) violation of condition for release after arrest for domestic violence, Section
91     77-36-2.5.
92          (3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
93     court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
94     of any offense described in Subsection (2), and who is:
95          (a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
96     under Subsection (2); or
97          (b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
98     2002 for an offense under Subsection (2).
99          Section 2. Section 76-5-102.6 is amended to read:
100          76-5-102.6. Propelling substance or object at a correctional or peace officer --
101     Penalties.
102          (1) Any prisoner or person detained pursuant to Section 77-7-15 who throws or
103     otherwise propels any substance or object at a peace [or] officer, a correctional officer, or an
104     employee or volunteer, including a health care provider, is guilty of a class A misdemeanor,
105     except as provided under Subsection (2).
106          (2) A violation of Subsection (1) is a third degree felony if:
107          (a) the object or substance is:
108          (i) blood, urine, or fecal material;
109          (ii) an infectious agent as defined in Section 26-6-2 or a material that carries an
110     infectious agent;
111          (iii) vomit or a material that carries vomit; or
112          (iv) the prisoner's or detained person's saliva, and the prisoner or detained person
113     knows he or she is infected with HIV, hepatitis B, or hepatitis C; and

114          (b) the object or substance comes into contact with any portion of the officer's or health
115     care provider's face, including the eyes or mouth, or comes into contact with any open wound
116     on the officer's or health care provider's body.
117          (3) If an offense committed under this section amounts to an offense subject to a
118     greater penalty under another provision of state law than under this section, this section does
119     not prohibit prosecution and sentencing for the more serious offense.
120          Section 3. Section 76-5-102.7 is amended to read:
121          76-5-102.7. Assault against health care provider and emergency medical service
122     worker -- Penalty.
123          (1) A person who assaults a health care provider or emergency medical service worker
124     is guilty of a class A misdemeanor if:
125          (a) the person is not a prisoner or a person detained under Section 77-7-15;
126          [(a)] (b) the person knew that the victim was a health care provider or emergency
127     medical service worker; and
128          [(b)] (c) the health care provider or emergency medical service worker was performing
129     emergency or life saving duties within the scope of his or her authority at the time of the
130     assault.
131          (2) As used in this section:
132          (a) "Emergency medical service worker" means a person certified under Section
133     26-8a-302.
134          (b) "Health care provider" [has the meaning as provided] means the same as that term
135     is defined in Section 78B-3-403.
136          Section 4. Effective date.
137          If approved by two-thirds of all the members elected to each house, this bill takes effect
138     upon approval by the governor, or the day following the constitutional time limit of Utah
139     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
140     the date of veto override.