1     
INTERFERING WITH A PEACE OFFICER

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2017 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Todd Weiler

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House Sponsor: Adam Gardiner

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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          (1) A person is guilty of a class B misdemeanor if [he has knowledge] the person
26     knows, or by the exercise of reasonable care should have [knowledge] known, that a peace
27     officer is seeking to effect a lawful arrest or detention of that person or another person and
28     interferes with the arrest or detention by:
29          [(1)] (a) use of force or any weapon;
30          [(2)] (b) [the arrested person's refusal] refusing to perform any act required by lawful
31     order:
32          [(a)] (i) necessary to effect the arrest or detention; and
33          [(b)] (ii) made by a peace officer involved in the arrest or detention; or
34          [(3)] (c) [the arrested person's or another person's refusal] refusing to refrain from
35     performing any act that would impede the arrest or detention.
36          (2) Recording the actions of a law enforcement officer with a camera, mobile phone, or
37     other photographic device, while the officer is performing official duties in plain view, does
38     not by itself constitute:
39          (a) interference with the officer;
40          (b) willful resistance;
41          (c) disorderly conduct; or
42          (d) obstruction of justice.