This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 22, 2017 at 9:40 AM by lpoole.
1     
INTERFERING WITH A PEACE OFFICER

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Adam Gardiner

6     

7     LONG TITLE
8     General Description:
9          This bill makes clarifying changes to the interference with a peace officer statute.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies that interfering with a peace officer applies to any person who interferes,
13     not just the person being detained.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          76-8-305, as last amended by Laws of Utah 1990, Chapter 274
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 76-8-305 is amended to read:
24          76-8-305. Interference with peace officer.
25          Ŝ→ (1) ←Ŝ A person is guilty of a class B misdemeanor if [he has knowledge] the person
25a     knows, or
26     by the exercise of reasonable care should have [knowledge] known, that a peace officer is
27     seeking to effect a lawful arrest or detention of that person or another person and interferes
28     with the arrest or detention by:
29          Ŝ→ [(1)] (a) ←Ŝ use of force or any weapon;
30          Ŝ→ [(2)] (b) ←Ŝ [the arrested person's refusal] refusing to perform any act required by
30a     lawful order:
31          Ŝ→ [(a)] (i) ←Ŝ necessary to effect the arrest or detention; and
32          Ŝ→ [(b)] (ii) ←Ŝ made by a peace officer involved in the arrest or detention; or
33          Ŝ→ [(3)] (c) ←Ŝ [the arrested person's or another person's refusal] refusing to refrain from
34     performing any act that would impede the arrest or detention.
34a     Ŝ→      (2) Recording the actions of a law enforcement officer with a camera, mobile phone, or
34b     other photographic device, while the officer is performing official duties in plain view, does not
34c     by itself constitute:
34d          (a) interference with the officer;
34e          (b) willful resistance;
34f          (c) disorderly conduct; or
34g          (d) obstruction of justice. ←Ŝ




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