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          ▸     defines a health care provider;
15          ▸     includes health care providers as victims in the statutory section that currently
16     defines the offense of propelling a substance or object, including a bodily fluid, at a
17     peace officer or correctional officer; and
18          ▸     applies the same penalties as currently apply to the offense when committed against
19     a peace officer or correctional officer.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53-10-403, as last amended by Laws of Utah 2014, Chapter 331
27          76-5-102.6, as last amended by Laws of Utah 2013, Chapter 306

28          76-5-102.7, as last amended by Laws of Utah 2008, Chapter 3

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

59          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
60          (vi) a felony violation of propelling a substance or object at a correctional [or] officer,
61     a peace officer, or a health care provider, Section 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) As used in this section, "health care provider" means the same as that term is
103     defined in Section 78B-3-403, but does not include an athletic trainer.
104          [(1)] (2) Any prisoner or person detained pursuant to Section 77-7-15 who throws or
105     otherwise propels any substance or object at a peace [or] officer, a correctional officer, or a
106     health care provider, is guilty of a class A misdemeanor, except as provided under Subsection
107     (2).
108          [(2)] (3) A violation of Subsection [(1)] (2) is a third degree felony if:
109          (a) the object or substance is:
110          (i) blood, urine, or fecal material;
111          (ii) an infectious agent as defined in Section 26-6-2 or a material that carries an
112     infectious agent;
113          (iii) vomit or a material that carries vomit; or
114          (iv) the prisoner's or detained person's saliva, and the prisoner or detained person
115     knows he or she is infected with HIV, hepatitis B, or hepatitis C; and
116          (b) the object or substance comes into contact with any portion of the officer's or health
117     care provider's face, including the eyes or mouth, or comes into contact with any open wound
118     on the officer's or health care provider's body.
119          [(3)] (4) If an offense committed under this section amounts to an offense subject to a
120     greater penalty under another provision of state law than under this section, this section does

121     not prohibit prosecution and sentencing for the more serious offense.
122          Section 3. Section 76-5-102.7 is amended to read:
123          76-5-102.7. Assault against health care provider and emergency medical service
124     worker -- Penalty.
125          (1) A person who assaults a health care provider or emergency medical service worker
126     is guilty of a class A misdemeanor if:
127          (a) the person is not a prisoner or a person detained under Section 77-7-15;
128          [(a)] (b) the person knew that the victim was a health care provider or emergency
129     medical service worker; and
130          [(b)] (c) the health care provider or emergency medical service worker was performing
131     emergency or life saving duties within the scope of his or her authority at the time of the
132     assault.
133          (2) As used in this section:
134          (a) "Emergency medical service worker" means a person certified under Section
135     26-8a-302.
136          (b) "Health care provider" [has the meaning as provided] means the same as that term
137     is defined in Section 78B-3-403.

Legislative Review Note
     as of 12-2-14 1:42 PM

Office of Legislative Research and General Counsel