1     
OFFENSES AGAINST THE ADMINISTRATION OF

2     
GOVERNMENT AMENDMENTS

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Craig Hall

6     
Senate Sponsor: Todd Weiler

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions relating to offenses against the administration of
11     government.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms in the Utah Criminal Code in relation to public entities;
15          ▸     modifies the crime of misusing public money;
16          ▸     makes it a crime to misuse public property;
17          ▸     describes the type of personal use of public property that is permitted; and
18          ▸     makes technical and conforming changes.
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          11-57-104, as enacted by Laws of Utah 2017, Chapter 354
26          53B-7-106, as enacted by Laws of Utah 2017, Chapter 354
27          63A-3-110, as last amended by Laws of Utah 2018, Chapter 25
28          76-1-601, as last amended by Laws of Utah 2007, Chapter 339
29          76-5-413, as last amended by Laws of Utah 2018, Chapter 192

30          76-6-513, as last amended by Laws of Utah 2010, Chapter 193
31          76-8-101, as last amended by Laws of Utah 1993, Chapter 42
32          76-8-402, as last amended by Laws of Utah 2017, Chapter 354
33          76-8-404, as last amended by Laws of Utah 1999, Chapter 106
34          77-23a-8, as last amended by Laws of Utah 2016, Chapter 399
35     REPEALS:
36          76-8-401, as last amended by Laws of Utah 2012, Chapter 369
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 11-57-104 is amended to read:
40          11-57-104. Relation to other actions -- Prohibition on disbursing funds and
41     accessing accounts.
42          (1) Nothing in this chapter:
43          (a) immunizes a political subdivision officer or employee from or precludes any
44     criminal prosecution or civil or employment action for an unlawful personal use expenditure;
45     or
46          (b) limits or supersedes the authority of a political subdivision to set compensation in
47     accordance with Section 10-3-818.
48          (2) A political subdivision officer or employee who [has been] is convicted of misusing
49     public money or public property under Section 76-8-402 may not disburse public funds or
50     access public accounts.
51          Section 2. Section 53B-7-106 is amended to read:
52          53B-7-106. Personal use expenditures for officers and employees of institutions of
53     higher education.
54          (1) As used in this section:
55          (a) "Employee" means a person who is not an elected or appointed officer and who is
56     employed on a full- or part-time basis by an institution of higher education.
57          (b) "Institution of higher education" means an institution that is part of the state system

58     of higher education as described in Section 53B-1-102.
59          (c) "Officer" means a person who is elected or appointed to an office or position within
60     an institution of higher education.
61          (d) (i) "Personal use expenditure" means an expenditure made without the authority of
62     law that:
63          (A) is not directly related to the performance of an activity as an officer or employee of
64     an institution of higher education;
65          (B) primarily furthers a personal interest of an officer or employee of an institution of
66     higher education or the family, a friend, or an associate of an officer or employee of an
67     institution of higher education; and
68          (C) would constitute taxable income under federal law.
69          (ii) "Personal use expenditure" does not include:
70          (A) a de minimis or incidental expenditure; or
71          (B) a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to
72     travel to and from the officer or employee's official duties, including a minimal allowance for a
73     detour as provided by the institution of higher education.
74          (e) "Public funds" means the same as that term is defined in Section 51-7-3.
75          (2) An officer or employee of an institution of higher education may not:
76          (a) use public funds for a personal use expenditure; or
77          (b) incur indebtedness or liability on behalf of, or payable by, an institution of higher
78     education for a personal use expenditure.
79          (3) If the institution of higher education determines that an officer or employee of an
80     institution of higher education has intentionally made a personal use expenditure in violation of
81     Subsection (2), the institution of higher education shall:
82          (a) require the officer or employee to deposit the amount of the personal use
83     expenditure into the fund or account from which:
84          (i) the personal use expenditure was disbursed; or
85          (ii) payment for the indebtedness or liability for a personal use expenditure was

86     disbursed;
87          (b) require the officer or employee to remit an administrative penalty in an amount
88     equal to 50% of the personal use expenditure to the institution of higher education; and
89          (c) deposit the money received under Subsection (3)(b) into the operating fund of the
90     institution of higher education.
91          (4) (a) Any officer or employee of an institution of higher education who has been
92     found by the institution of higher education to have made a personal use expenditure in
93     violation of Subsection (2) may appeal the finding of the institution of higher education.
94          (b) The institution of higher education shall establish an appeal process for an appeal
95     made under Subsection (4)(a).
96          (5) (a) Subject to Subsection (5)(b), an institution of higher education may withhold all
97     or a portion of the wages of an officer or employee of the institution of higher education who
98     has violated Subsection (2) until the requirements of Subsection (3) have been met.
99          (b) If the officer or employee has requested an appeal under Subsection (4), the
100     institution of higher education may only withhold the wages of the officer or employee after the
101     appeal process has confirmed that the officer or employee violated Subsection (2).
102          (6) Nothing in this chapter immunizes an officer or employee of an institution of higher
103     education from or precludes any criminal prosecution or civil or employment action for an
104     unlawful personal use expenditure.
105          (7) An officer or employee of an institution of higher education who [has been] is
106     convicted of misusing public money or public property under Section 76-8-402 may not
107     disburse public funds or access public accounts.
108          Section 3. Section 63A-3-110 is amended to read:
109          63A-3-110. Personal use expenditures for state officers and employees.
110          (1) As used in this section:
111          (a) "Employee" means a person who is not an elected or appointed officer and who is
112     employed on a full- or part-time basis by a governmental entity.
113          (b) "Governmental entity" means:

114          (i) an executive branch agency of the state, the offices of the governor, lieutenant
115     governor, state auditor, attorney general, and state treasurer, the State Board of Education, and
116     the State Board of Regents;
117          (ii) the Office of the Legislative Auditor General, the Office of the Legislative Fiscal
118     Analyst, the Office of Legislative Research and General Counsel, the Legislature, and
119     legislative committees;
120          (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
121     administrative units in the judicial branch;
122          (iv) independent state entities created under Title 63H, Independent State Entities; or
123          (v) the Utah Science Technology and Research Governing Authority created under
124     Section 63M-2-301.
125          (c) "Officer" means a person who is elected or appointed to an office or position within
126     a governmental entity.
127          (d) (i) "Personal use expenditure" means an expenditure made without the authority of
128     law that:
129          (A) is not directly related to the performance of an activity as a state officer or
130     employee;
131          (B) primarily furthers a personal interest of a state officer or employee or a state
132     officer's or employee's family, friend, or associate; and
133          (C) would constitute taxable income under federal law.
134          (ii) "Personal use expenditure" does not include:
135          (A) a de minimis or incidental expenditure; or
136          (B) a state vehicle or a monthly stipend for a vehicle that an officer or employee uses to
137     travel to and from the officer or employee's official duties, including a minimal allowance for a
138     detour as provided by the state.
139          (e) "Public funds" means the same as that term is defined in Section 51-7-3.
140          (2) A state officer or employee may not:
141          (a) use public funds for a personal use expenditure; or

142          (b) incur indebtedness or liability on behalf of, or payable by, a governmental entity for
143     a personal use expenditure.
144          (3) If the Division of Finance or the responsible governmental entity determines that a
145     state officer or employee has intentionally made a personal use expenditure in violation of
146     Subsection (2), the governmental entity shall:
147          (a) require the state officer or employee to deposit the amount of the personal use
148     expenditure into the fund or account from which:
149          (i) the personal use expenditure was disbursed; or
150          (ii) payment for the indebtedness or liability for a personal use expenditure was
151     disbursed;
152          (b) require the state officer or employee to remit an administrative penalty in an
153     amount equal to 50% of the personal use expenditure to the Division of Finance; and
154          (c) deposit the money received under Subsection (3)(b) into the General Fund.
155          (4) (a) Any state officer or employee who has been found by a governmental entity to
156     have made a personal use expenditure in violation of Subsection (2) may appeal the finding of
157     the governmental entity.
158          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
159     Division of Finance shall make rules regarding an appeal process for an appeal made under
160     Subsection (4)(a), including the designation of an appeal authority.
161          (5) (a) Subject to Subsection (5)(b), the Division of Finance may withhold all or a
162     portion of the wages of a state officer or employee who has violated Subsection (2) until the
163     requirements of Subsection (3) have been met.
164          (b) If the state officer or employee has requested an appeal under Subsection (4), the
165     Division of Finance may only withhold the wages of the officer or employee after the appeal
166     authority described in Subsection (4)(b) has confirmed that the officer or employee violated
167     Subsection (2).
168          (6) Nothing in this chapter immunizes a state officer or employee from or precludes
169     any criminal prosecution or civil or employment action for an unlawful personal use

170     expenditure.
171          (7) A state officer or employee who [has been] is convicted of misusing public money
172     or public property under Section 76-8-402 may not disburse public funds or access public
173     accounts.
174          Section 4. Section 76-1-601 is amended to read:
175          76-1-601. Definitions.
176          Unless otherwise provided, [the following terms apply to] as used in this title:
177          (1) "Act" means a voluntary bodily movement and includes speech.
178          (2) "Actor" means a person whose criminal responsibility is in issue in a criminal
179     action.
180          (3) "Bodily injury" means physical pain, illness, or any impairment of physical
181     condition.
182          (4) "Conduct" means an act or omission.
183          (5) "Dangerous weapon" means:
184          (a) any item capable of causing death or serious bodily injury; or
185          (b) a facsimile or representation of the item, if:
186          (i) the actor's use or apparent intended use of the item leads the victim to reasonably
187     believe the item is likely to cause death or serious bodily injury; or
188          (ii) the actor represents to the victim verbally or in any other manner that he is in
189     control of such an item.
190          (6) "Grievous sexual offense" means:
191          (a) rape, Section 76-5-402;
192          (b) rape of a child, Section 76-5-402.1;
193          (c) object rape, Section 76-5-402.2;
194          (d) object rape of a child, Section 76-5-402.3;
195          (e) forcible sodomy, Subsection 76-5-403(2);
196          (f) sodomy on a child, Section 76-5-403.1;
197          (g) aggravated sexual abuse of a child, Subsection 76-5-404.1(4);

198          (h) aggravated sexual assault, Section 76-5-405;
199          (i) any felony attempt to commit an offense described in Subsections (6)(a) through
200     (h); or
201          (j) an offense in another state, territory, or district of the United States that, if
202     committed in Utah, would constitute an offense described in Subsections (6)(a) through (i).
203          (7) "Offense" means a violation of any penal statute of this state.
204          (8) "Omission" means a failure to act when there is a legal duty to act and the actor is
205     capable of acting.
206          (9) "Person" means an individual, public or private corporation, government,
207     partnership, or unincorporated association.
208          (10) "Possess" means to have physical possession of or to exercise dominion or control
209     over tangible property.
210          (11) "Public entity" means:
211          (a) the state, or an agency, bureau, office, department, division, board, commission,
212     institution, laboratory, or other instrumentality of the state;
213          (b) a political subdivision of the state, including a county, municipality, interlocal
214     entity, local district, special service district, school district, or school board;
215          (c) an agency, bureau, office, department, division, board, commission, institution,
216     laboratory, or other instrumentality of a political subdivision of the state; or
217          (d) another entity that:
218          (i) performs a public function; and
219          (ii) is authorized to hold, spend, transfer, disburse, use, or receive public money.
220          (12) (a) "Public money" or "public funds" means money, funds, or accounts, regardless
221     of the source from which they are derived, that:
222          (i) are owned, held, or administered by an entity described in Subsections (11)(a)
223     through (c); or
224          (ii) are in the possession of an entity described in Subsection (11)(d)(i) for the purpose
225     of performing a public function.

226          (b) "Public money" or "public funds" includes money, funds, or accounts described in
227     Subsection (12)(a) after the money, funds, or accounts are transferred by a public entity to an
228     independent contractor of the public entity.
229          (c) "Public money" or "public funds" remains public money or public funds while in
230     the possession of an independent contractor of a public entity for the purpose of providing a
231     program or service for, or on behalf of, the public entity.
232          (13) "Public officer" means:
233          (a) an elected official of a public entity;
234          (b) an individual appointed to, or serving an unexpired term of, an elected official of a
235     public entity;
236          (c) a judge of a court of record or not of record, including justice court judges; or
237          (d) a member of the Board of Pardons and Parole.
238          (14) (a) "Public servant" means:
239          (i) a public officer;
240          (ii) an appointed official, employee, consultant, or independent contractor of a public
241     entity; or
242          (iii) a person hired or paid by a public entity to perform a government function.
243          (b) Public servant includes a person described in Subsection (14)(a) upon the person's
244     election, appointment, contracting, or other selection, regardless of whether the person has
245     begun to officially occupy the position of a public servant.
246          [(11)] (15) "Serious bodily injury" means bodily injury that creates or causes serious
247     permanent disfigurement, protracted loss or impairment of the function of any bodily member
248     or organ, or creates a substantial risk of death.
249          [(12)] (16) "Substantial bodily injury" means bodily injury, not amounting to serious
250     bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or
251     temporary loss or impairment of the function of any bodily member or organ.
252          [(13)] (17) "Writing" or "written" includes any handwriting, typewriting, printing,
253     electronic storage or transmission, or any other method of recording information or fixing

254     information in a form capable of being preserved.
255          Section 5. Section 76-5-413 is amended to read:
256          76-5-413. Custodial sexual relations or misconduct with youth receiving state
257     services -- Definitions -- Penalties -- Defenses.
258          (1) As used in this section:
259          (a) "Actor" means:
260          (i) an individual employed by the Department of Human Services, as created in Section
261     62A-1-102, or an employee of a private provider or contractor; or
262          (ii) an individual employed by the juvenile court of the state, or an employee of a
263     private provider or contractor.
264          (b) "Department" means the Department of Human Services created in Section
265     62A-1-102.
266          (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
267          (d) "Private provider or contractor" means any individual or entity that contracts with
268     the:
269          (i) department to provide services or functions that are part of the operation of the
270     department; or
271          (ii) juvenile court to provide services or functions that are part of the operation of the
272     juvenile court.
273          (e) "Youth receiving state services" means an individual:
274          (i) younger than 18 years of age, except as provided under Subsection (1)(e)(ii), who is:
275          (A) in the custody of the department under Subsection 78A-6-117(2)(c); or
276          (B) receiving services from any division of the department if any portion of the costs of
277     these services is covered by public money [as defined in Section 76-8-401]; or
278          (ii) younger than 21 years of age who is:
279          (A) in the custody of the Division of Juvenile Justice Services, or the Division of Child
280     and Family Services; or
281          (B) under the jurisdiction of the juvenile court.

282          (2) (a) An actor commits custodial sexual relations with a youth receiving state
283     services if the actor commits any of the acts under Subsection (3):
284          (i) under circumstances not amounting to commission of, or an attempt to commit, an
285     offense under Subsection (6); and
286          (ii) (A) the actor knows that the individual is a youth receiving state services; or
287          (B) a reasonable person in the actor's position should have known under the
288     circumstances that the individual was a youth receiving state services.
289          (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
290     state services is younger than 18 years of age, a violation of Subsection (2)(a) is a second
291     degree felony.
292          (c) If the act committed under this Subsection (2) amounts to an offense subject to a
293     greater penalty under another provision of state law than is provided under this Subsection (2),
294     this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
295          (3) Acts referred to in Subsection (2)(a) are:
296          (a) having sexual intercourse with a youth receiving state services;
297          (b) engaging in any sexual act with a youth receiving state services involving the
298     genitals of one individual and the mouth or anus of another individual, regardless of the sex of
299     either participant; or
300          (c) causing the penetration, however slight, of the genital or anal opening of a youth
301     receiving state services by any foreign object, substance, instrument, or device, including a part
302     of the human body, with the intent to cause substantial emotional or bodily pain to any
303     individual, regardless of the sex of any participant or with the intent to arouse or gratify the
304     sexual desire of any individual, regardless of the sex of any participant.
305          (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
306     services if the actor commits any of the acts under Subsection (5):
307          (i) under circumstances not amounting to commission of, or an attempt to commit, an
308     offense under Subsection (6); and
309          (ii) (A) the actor knows that the individual is a youth receiving state services; or

310          (B) a reasonable person in the actor's position should have known under the
311     circumstances that the individual was a youth receiving state services.
312          (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
313     receiving state services is younger than 18 years of age, a violation of Subsection (4)(a) is a
314     third degree felony.
315          (c) If the act committed under this Subsection (4) amounts to an offense subject to a
316     greater penalty under another provision of state law than is provided under this Subsection (4),
317     this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
318          (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
319     the intent to cause substantial emotional or bodily pain to any individual or with the intent to
320     arouse or gratify the sexual desire of any individual, regardless of the sex of any participant:
321          (a) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
322     receiving state services;
323          (b) touching the breast of a female youth receiving state services; or
324          (c) otherwise taking indecent liberties with a youth receiving state services.
325          (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
326          (a) Section 76-5-401, unlawful sexual activity with a minor;
327          (b) Section 76-5-402, rape;
328          (c) Section 76-5-402.1, rape of a child;
329          (d) Section 76-5-402.2, object rape;
330          (e) Section 76-5-402.3, object rape of a child;
331          (f) Section 76-5-403, forcible sodomy;
332          (g) Section 76-5-403.1, sodomy on a child;
333          (h) Section 76-5-404, forcible sexual abuse;
334          (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
335          (j) Section 76-5-405, aggravated sexual assault.
336          (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
337     with a youth receiving state services under Subsection (2) or custodial sexual misconduct with

338     a youth receiving state services under Subsection (4), or an attempt to commit either of these
339     offenses, if the youth receiving state services is younger than 18 years of age, that the actor:
340          (i) mistakenly believed the youth receiving state services to be 18 years of age or older
341     at the time of the alleged offense; or
342          (ii) was unaware of the true age of the youth receiving state services.
343          (b) Consent of the youth receiving state services is not a defense to any violation or
344     attempted violation of Subsection (2) or (4).
345          (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
346     is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
347          Section 6. Section 76-6-513 is amended to read:
348          76-6-513. Definitions -- Unlawful dealing of property by a fiduciary -- Penalties.
349          (1) As used in this section:
350          (a) "Fiduciary" [is as] means the same as that term is defined in Section 22-1-1.
351          (b) "Financial institution" means "depository institution" and "trust company" as
352     defined in Section 7-1-103.
353          (c) "Governmental entity" is as defined in Section 63G-7-102.
354          (d) "Person" does not include a financial institution whose fiduciary functions are
355     supervised by the Department of Financial Institutions or a federal regulatory agency.
356          (e) "Property" [is as] means the same as that term is defined in Section 76-6-401.
357          [(f) "Public money" is as defined in Section 76-8-401.]
358          (2) A person is guilty of unlawfully dealing with property by a fiduciary if the person
359     deals with property that has been entrusted to him as a fiduciary, or property of a governmental
360     entity, public money, or of a financial institution, in a manner which the person knows is a
361     violation of the person's duty and which involves substantial risk of loss or detriment to the
362     owner or to a person for whose benefit the property was entrusted. A violation of this
363     Subsection (2) is punishable under Section 76-6-412.
364          (3) (a) A person acting as a fiduciary is guilty of a violation of this subsection if,
365     without permission of the owner of the property or some other person with authority to give

366     permission, the person pledges as collateral for a personal loan, or as collateral for the benefit
367     of some party, other than the owner or the person for whose benefit the property was entrusted,
368     the property that has been entrusted to the fiduciary.
369          (b) An offense under Subsection (3)(a) is punishable as:
370          (i) a felony of the second degree if the value of the property wrongfully pledged is or
371     exceeds $5,000;
372          (ii) a felony of the third degree if the value of the property wrongfully pledged is or
373     exceeds $1,500 but is less than $5,000;
374          (iii) a class A misdemeanor if the value of the property is or exceeds $500, but is less
375     than $1,500 or the actor has been twice before convicted of theft, robbery, burglary with intent
376     to commit theft, or unlawful dealing with property by a fiduciary; or
377          (iv) a class B misdemeanor if the value of the property is less than $500.
378          Section 7. Section 76-8-101 is amended to read:
379          76-8-101. Definitions.
380          [For the purposes of] As used in this chapter:
381          (1) "Candidate for electoral office" means a person who [has filed] files as a candidate
382     for office under the laws of the state.
383          (2) "Party official" means [any] a person holding any post in a political party whether
384     by election, appointment, or otherwise.
385          (3) "Peace officer" means [any] an employee of a police or law enforcement agency
386     that is part of or administered by the state or any of its political subdivisions, and whose duties
387     consist primarily of the prevention and detection of crime and the enforcement of criminal
388     statutes or ordinances of this state or any of its political subdivisions.
389          (4) (a) "Pecuniary benefit" means any advantage in the form of money, property,
390     commercial interest, or anything else, the primary significance of which is economic gain.
391          (b) "Pecuniary benefit" does not include economic advantage applicable to the public
392     generally, such as tax reduction or increased prosperity generally.
393          [(5) (a) "Public servant" means any officer or employee of the state or any political

394     subdivision of the state, including judges, legislators, consultants, and persons otherwise
395     performing a governmental function.]
396          [(b) A person is considered a public servant upon his election, appointment, or other
397     designation as such, although he may not yet officially occupy that position.]
398          (5) (a) "Public property" means real or personal property that is owned, held, or
399     managed by a public entity.
400          (b) "Public property" includes real or personal property that is owned, held, or managed
401     by a public entity after the real or personal property is transferred by the public entity to an
402     independent contractor of the public entity.
403          (c) "Public property" remains public property while in the possession of an independent
404     contractor of a public entity for the purpose of providing a program or service for, or on behalf
405     of, the public entity.
406          Section 8. Section 76-8-402 is amended to read:
407          76-8-402. Misusing public money or public property.
408          [(1) Every public officer of this state or a political subdivision, or of any county, city,
409     town, precinct, or district of this state, and every other person charged, either by law or under
410     contract, with the receipt, safekeeping, transfer, disbursement, or use of public money commits
411     an offense if the officer or other charged person:]
412          (1) As used in this section, "authorized personal use" means:
413          (a) the use of public property, for a personal matter, by a public servant if:
414          (i) the public servant is authorized to use or possess the public property to fulfill the
415     public servant's duties as a public servant;
416          (ii) the primary purpose of the public servant using or possessing the public property is
417     to fulfill the public servant's duties as a public servant;
418          (iii) at the time the public servant uses the public property for a personal matter, a
419     written policy of the public servant's public entity is in effect that authorizes the public servant
420     to use or possess the public property for personal use in addition to the primary purpose of
421     fulfilling the public servant's duties as a public servant; and

422          (iv) the public servant uses and possesses the public property in a lawful manner and in
423     accordance with the policy described in Subsection (1)(a)(iii); or
424          (b) incidental use of public property for a personal matter by a public servant, if:
425          (i) the value provided to the public servant's public entity by the public servant's use or
426     possession of the public property for a public purpose substantially outweighs the personal
427     benefit received by the employee from the incidental use of the public property for a personal
428     matter; and
429          (ii) the incidental use of the public property for a personal matter is not prohibited by
430     law or by the public servant's public entity.
431          (2) It is unlawful for a public servant to:
432          (a) [appropriates the money or any portion of it to his] appropriate public money or
433     public property to the public servant's own use or benefit or to the use or benefit of another
434     without authority of law;
435          (b) [loans or transfers the money or any portion of it] loan or transfer public money or
436     public property without authority of law;
437          (c) [fails to keep the money in his] fail to keep public money or public property in the
438     public servant's possession until disbursed [or paid out] by authority of law;
439          (d) unlawfully [deposits the money or any portion in any] deposit public money in a
440     bank or with [any other] another person;
441          (e) knowingly [keeps any] keep a false account or [makes any false] make a false entry
442     or erasure in [any] an account of, or relating to [the], public money;
443          (f) fraudulently [alters, falsifies, conceals, destroys, or obliterates any such account]
444     alter, falsify, conceal, or destroy an account described in Subsection (2)(e);
445          (g) willfully [refuses or omits] refuse or omit to pay over, on demand, any public
446     money in [his hands] the public servant's custody or control, upon the presentation of a draft,
447     order, or warrant drawn upon [such money] the public money by competent authority;
448          (h) willfully [omits to transfer the] omit to transfer public money when the transfer is
449     required by law; or

450          (i) willfully [omits or refuses] omit or refuse to pay over, to any officer or person
451     authorized by law to receive [it, any money received by him] public money, public money
452     received by the public servant under any duty imposed [by law so to pay over the same] on the
453     public servant by law.
454          [(2)] (3) [A] Except as provided in Subsection (4), a violation of Subsection [(1)] (2) is
455     a felony of the third degree[, except it].
456          (4) A violation of Subsection (2) is a felony of the second degree if:
457          (a) the value of the public money or the value of the use of the public property exceeds
458     $5,000;
459          (b) the amount of the false account exceeds $5,000;
460          (c) the amount falsely entered exceeds $5,000;
461          (d) the amount that is the difference between the original amount and the fraudulently
462     altered amount exceeds $5,000; or
463          (e) the amount falsely erased, fraudulently concealed, destroyed, [obliterated,] or
464     falsified in the account exceeds $5,000.
465          [(3)] (5) In addition to the penalty described in Subsection [(2)] (3) or (4), a public
466     officer who violates Subsection [(1)] (2):
467          (a) is subject to the penalties described in Section 76-8-404; and
468          (b) may not disburse public funds or access public accounts.
469          (6) (a) A public servant is not guilty of a violation of this section for authorized
470     personal use of public property.
471          (b) Subsection (6)(a) does not apply if:
472          (i) the public servant's personal use of the public property does not constitute
473     authorized personal use at the time of the personal use; and
474          (ii) a public entity modifies or adopts a policy or law, or takes other action, to
475     retroactively authorize or approve the personal use of the public property by the public servant.
476          Section 9. Section 76-8-404 is amended to read:
477          76-8-404. Making profit from or misusing public money or public property --

478     Disqualification from office -- Criminal penalty.
479          A public officer, regardless of whether [or not] the public officer receives, safekeeps,
480     transfers, disburses, or has a fiduciary relationship with public money, who makes a profit from
481     or out of public money or public property, or who uses public money or public property in a
482     manner or for a purpose not authorized by law, is guilty of a felony as provided in Section
483     76-8-402 and [shall] is, in addition to the punishment provided by law, [be] disqualified [to
484     hold] from holding public office.
485          Section 10. Section 77-23a-8 is amended to read:
486          77-23a-8. Court order to authorize or approve interception -- Procedure.
487          (1) The attorney general of the state, any assistant attorney general specially designated
488     by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
489     district attorney specially designated by the county attorney or by the district attorney, may
490     authorize an application to a judge of competent jurisdiction for an order for an interception of
491     wire, electronic, or oral communications by any law enforcement agency of the state, the
492     federal government or of any political subdivision of the state that is responsible for
493     investigating the type of offense for which the application is made.
494          (2) The judge may grant the order in conformity with the required procedures when the
495     interception sought may provide or has provided evidence of the commission of:
496          (a) any act:
497          (i) prohibited by the criminal provisions of:
498          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
499          (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
500          (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
501          (ii) punishable by a term of imprisonment of more than one year;
502          (b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
503     Securities Act, and punishable by a term of imprisonment of more than one year;
504          (c) an offense:
505          (i) of:

506          (A) attempt, Section 76-4-101;
507          (B) conspiracy, Section 76-4-201;
508          (C) solicitation, Section 76-4-203; and
509          (ii) punishable by a term of imprisonment of more than one year;
510          (d) a threat of terrorism offense punishable by a maximum term of imprisonment of
511     more than one year, Section 76-5-107.3;
512          (e) (i) aggravated murder, Section 76-5-202;
513          (ii) murder, Section 76-5-203; or
514          (iii) manslaughter, Section 76-5-205;
515          (f) (i) kidnapping, Section 76-5-301;
516          (ii) child kidnapping, Section 76-5-301.1;
517          (iii) aggravated kidnapping, Section 76-5-302;
518          (iv) human trafficking or human smuggling, Section 76-5-308; or
519          (v) aggravated human trafficking or aggravated human smuggling, Section 76-5-310;
520          (g) (i) arson, Section 76-6-102; or
521          (ii) aggravated arson, Section 76-6-103;
522          (h) (i) burglary, Section 76-6-202; or
523          (ii) aggravated burglary, Section 76-6-203;
524          (i) (i) robbery, Section 76-6-301; or
525          (ii) aggravated robbery, Section 76-6-302;
526          (j) an offense:
527          (i) of:
528          (A) theft, Section 76-6-404;
529          (B) theft by deception, Section 76-6-405; or
530          (C) theft by extortion, Section 76-6-406; and
531          (ii) punishable by a maximum term of imprisonment of more than one year;
532          (k) an offense of receiving stolen property that is punishable by a maximum term of
533     imprisonment of more than one year, Section 76-6-408;

534          (l) a financial card transaction offense punishable by a maximum term of imprisonment
535     of more than one year, Section 76-6-506.2, 76-6-506.3, 76-6-506.5, or 76-6-506.6;
536          (m) bribery of a labor official, Section 76-6-509;
537          (n) bribery or threat to influence a publicly exhibited contest, Section 76-6-514;
538          (o) a criminal simulation offense punishable by a maximum term of imprisonment of
539     more than one year, Section 76-6-518;
540          (p) criminal usury, Section 76-6-520;
541          (q) a fraudulent insurance act offense punishable by a maximum term of imprisonment
542     of more than one year, Section 76-6-521;
543          (r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
544     a maximum term of imprisonment of more than one year, Section 76-6-703;
545          (s) bribery to influence official or political actions, Section 76-8-103;
546          (t) misusing public money or public property, Section 76-8-402;
547          (u) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
548          (v) retaliation against a witness, victim, or informant, Section 76-8-508.3;
549          (w) tampering with a juror, retaliation against a juror, Section 76-8-508.5;
550          (x) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
551          (y) obstruction of justice, Section 76-8-306;
552          (z) destruction of property to interfere with preparation for defense or war, Section
553     76-8-802;
554          (aa) an attempt to commit crimes of sabotage, Section 76-8-804;
555          (bb) conspiracy to commit crimes of sabotage, Section 76-8-805;
556          (cc) advocating criminal syndicalism or sabotage, Section 76-8-902;
557          (dd) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
558          (ee) riot punishable by a maximum term of imprisonment of more than one year,
559     Section 76-9-101;
560          (ff) dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
561     maximum term of imprisonment of more than one year, Section 76-9-301.1;

562          (gg) possession, use, or removal of an explosive, chemical, or incendiary device and
563     parts, Section 76-10-306;
564          (hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
565     device, Section 76-10-307;
566          (ii) exploiting prostitution, Section 76-10-1305;
567          (jj) aggravated exploitation of prostitution, Section 76-10-1306;
568          (kk) bus hijacking or assault with intent to commit hijacking, Section 76-10-1504;
569          (ll) discharging firearms and hurling missiles, Section 76-10-1505;
570          (mm) violations of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act, and
571     the offenses listed under the definition of unlawful activity in the act, including the offenses not
572     punishable by a maximum term of imprisonment of more than one year when those offenses
573     are investigated as predicates for the offenses prohibited by the act, Section 76-10-1602;
574          (nn) communications fraud, Section 76-10-1801;
575          (oo) money laundering, Sections 76-10-1903 and 76-10-1904; or
576          (pp) reporting by a person engaged in a trade or business when the offense is
577     punishable by a maximum term of imprisonment of more than one year, Section 76-10-1906.
578          Section 11. Repealer.
579          This bill repeals:
580          Section 76-8-401,"Public funds," "public money," and "public officer" defined.
581          Section 12. Effective date.
582          This bill takes effect on July 1, 2019.