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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 [
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 [
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 [
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, [
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 [
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 [
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 [
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 [
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" [
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" [
357 [
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 [
381 (1) "Candidate for electoral office" means a person who [
382 for office under the laws of the state.
383 (2) "Party official" means [
384 by election, appointment, or otherwise.
385 (3) "Peace officer" means [
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 [
394
395
396 [
397
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 [
409
410
411
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) [
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) [
436 public property without authority of law;
437 (c) [
438 public servant's possession until disbursed [
439 (d) unlawfully [
440 bank or with [
441 (e) knowingly [
442 or erasure in [
443 (f) fraudulently [
444 alter, falsify, conceal, or destroy an account described in Subsection (2)(e);
445 (g) willfully [
446 money in [
447 order, or warrant drawn upon [
448 (h) willfully [
449 required by law; or
450 (i) willfully [
451 authorized by law to receive [
452 received by the public servant under any duty imposed [
453 public servant by law.
454 [
455 a felony of the third degree[
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, [
464 falsified in the account exceeds $5,000.
465 [
466 officer who violates Subsection [
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 [
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 [
484
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.