1     
ASSAULT AND THREAT OF VIOLENCE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Criminal Code regarding the offense of assault.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the offense of assault against certain persons to include a threat of
13     violence; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-5-102.3, as enacted by Laws of Utah 1992, Chapter 163
22          76-5-102.4, as last amended by Laws of Utah 2014, Chapter 189
23          76-5-102.7, as last amended by Laws of Utah 2016, Chapter 339
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 76-5-102.3 is amended to read:
27          76-5-102.3. Assault against school employees.
28          (1) Any person who [assaults] commits an assault as defined in Section 76-5-102, or
29     commits a threat of violence as defined in Section 76-5-107, against an employee of a public or
30     private school, with knowledge that the individual is an employee, and when the employee is
31     acting within the scope of his authority as an employee, is guilty of a class A misdemeanor.
32          (2) As used in this section, "employee" includes a volunteer.
33          Section 2. Section 76-5-102.4 is amended to read:
34          76-5-102.4. Assault against peace officer or a military servicemember in uniform
35     -- Penalties.
36          (1) As used in this section:
37          (a) "Assault" means the same as that term is defined in Section 76-5-102.
38          [(a)] (b) "Military servicemember in uniform" means:
39          (i) a member of any branch of the United States military who is wearing a uniform as
40     authorized by the member's branch of service; or
41          (ii) a member of the National Guard serving as provided in Section 39-1-5 or 39-1-9.
42          [(b)] (c) "Peace officer" means a law enforcement officer certified under Section
43     53-13-103.
44          (d) "Threat of violence" means the same as that term is defined in Section 76-5-107.
45          (2) A person is guilty of a class A misdemeanor, except as provided in Subsections (3)
46     and (4), who:
47          (a) [assaults] commits an assault or threat of violence against a peace officer, with
48     knowledge that the person is a peace officer, and when the peace officer is acting within the
49     scope of authority as a peace officer; or
50          (b) [assaults] commits an assault or threat of violence against a military servicemember
51     in uniform when that servicemember is on orders and acting within the scope of authority
52     granted to the military servicemember in uniform.
53          (3) A person who violates Subsection (2) is guilty of a third degree felony if the
54     person:
55          (a) has been previously convicted of a class A misdemeanor or a felony violation of
56     this section; or
57          (b) the person causes substantial bodily injury.
58          (4) A person who violates Subsection (2) is guilty of a second degree felony if the
59     person uses:
60          (a) a dangerous weapon as defined in Section 76-1-601; or
61          (b) other means or force likely to produce death or serious bodily injury.
62          (5) A person who violates this section shall serve, in jail or another correctional
63     facility, a minimum of:
64          (a) 90 consecutive days for a second offense; and
65          (b) 180 consecutive days for each subsequent offense.
66          (6) The court may suspend the imposition or execution of the sentence required under
67     Subsection (5) if the court finds that the interests of justice would be best served by the
68     suspension and the court makes specific findings concerning the disposition on the record.
69          (7) This section does not affect or limit any individual's constitutional right to the
70     lawful expression of free speech, the right of assembly, or any other recognized rights secured
71     by the Constitution or laws of Utah or by the Constitution or laws of the United States.
72          Section 3. Section 76-5-102.7 is amended to read:
73          76-5-102.7. Assault against health care provider and emergency medical service
74     worker -- Penalty.
75          (1) A person who [assaults] commits an assault or threat of violence against a health
76     care provider or emergency medical service worker is guilty of a class A misdemeanor if:
77          (a) the person is not a prisoner or a person detained under Section 77-7-15;
78          (b) the person knew that the victim was a health care provider or emergency medical
79     service worker; and
80          (c) the health care provider or emergency medical service worker was performing
81     emergency or life saving duties within the scope of his or her authority at the time of the
82     assault.
83          (2) A person who violates Subsection (1) is guilty of a third degree felony if the
84     person:
85          (a) causes substantial bodily injury, as defined in Section 76-1-601; and
86          (b) acts intentionally or knowingly.
87          (3) As used in this section:
88          (a) "Assault" means the same as that term is defined in Section 76-5-102.
89          [(a)] (b) "Emergency medical service worker" means a person certified under Section
90     26-8a-302.
91          [(b)] (c) "Health care provider" means the same as that term is defined in Section
92     78B-3-403.
93          (d) "Threat of violence" means the same as that term is defined in Section 76-5-107.




Legislative Review Note
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