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RETALIATION AND OBSTRUCTION OF JUSTICE

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AMENDMENTS

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2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Craig Hall

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Senate Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This bill makes changes to certain criminal statutes regarding interfering with an
11     investigation or legal proceeding.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     makes threatening or harming a prosecutor in relation to a criminal proceeding a
16     felony;
17          ▸     adds certain threatening or interfering communications to the list of crimes
18     constituting obstruction of justice; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53-10-403, as last amended by Laws of Utah 2017, Chapter 289
27          76-8-306, as last amended by Laws of Utah 2009, Chapter 213
28          76-8-316, as last amended by Laws of Utah 2013, Chapter 432
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53-10-403 is amended to read:
32          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
33          (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
34     who:
35          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
36     (2)(a) or (b) on or after July 1, 2002;
37          (b) has pled guilty to or has been convicted by any other state or by the United States
38     government of an offense which if committed in this state would be punishable as one or more
39     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
40          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
41     offense under Subsection (2)(c);
42          (d) has been booked:
43          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
44     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
45          (ii) on or after January 1, 2015, for any felony offense; or
46          (e) is a minor under Subsection (3).
47          (2) Offenses referred to in Subsection (1) are:
48          (a) any felony or class A misdemeanor under the Utah Code;
49          (b) any offense under Subsection (2)(a):
50          (i) for which the court enters a judgment for conviction to a lower degree of offense
51     under Section 76-3-402; or
52          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
53     defined in Section 77-2a-1; or
54          (c) (i) any violent felony as defined in Section 53-10-403.5;
55          (ii) sale or use of body parts, Section 26-28-116;
56          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
57          (iv) driving with any amount of a controlled substance in a person's body and causing
58     serious bodily injury or death, Subsection 58-37-8(2)(g);
59          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
60          (vi) a felony violation of propelling a substance or object at a correctional officer, a
61     peace officer, or an employee or a volunteer, including health care providers, Section
62     76-5-102.6;
63          (vii) aggravated human trafficking and aggravated human smuggling, Section
64     76-5-310;
65          (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
66          (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
67          (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
68          (xi) sale of a child, Section 76-7-203;
69          (xii) aggravated escape, Subsection 76-8-309(2);
70          (xiii) a felony violation of assault on an elected official, Section 76-8-315;
71          (xiv) influencing, impeding, or retaliating against a judge, prosecuting attorney, or
72     member of the Board of Pardons and Parole, Section 76-8-316;
73          (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
74          (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
75          (xvii) a felony violation of sexual battery, Section 76-9-702.1;
76          (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
77          (xix) a felony violation of abuse or desecration of a dead human body, Section
78     76-9-704;
79          (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
80     76-10-402;
81          (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
82     Section 76-10-403;
83          (xxii) possession of a concealed firearm in the commission of a violent felony,
84     Subsection 76-10-504(4);
85          (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
86     Subsection 76-10-1504(3);
87          (xxiv) commercial obstruction, Subsection 76-10-2402(2);
88          (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
89     77-41-107;
90          (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
91          (xxvii) violation of condition for release after arrest under Section 77-20-3.5 .
92          (3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
93     court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
94     of any offense described in Subsection (2), and who is:
95          (a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
96     under Subsection (2); or
97          (b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
98     2002 for an offense under Subsection (2).
99          Section 2. Section 76-8-306 is amended to read:
100          76-8-306. Obstruction of justice in criminal investigations or proceedings --
101     Elements -- Penalties -- Exceptions.
102          (1) As used in this section, "conduct that constitutes a criminal offense" means conduct
103     that would be punishable as a crime and is separate from a violation of this section, including:
104          (a) any violation of a criminal statute or ordinance of the state, a political subdivision
105     of the state, another state, or a district, possession, or territory of the United States; and
106          (b) conduct committed by a juvenile that would be a crime if committed by an adult.
107          [(1)] (2) An actor commits obstruction of justice if the actor, with intent to hinder,
108     delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of
109     [any person] an individual regarding conduct that constitutes a criminal offense:
110          (a) provides [any person] an individual with a weapon;
111          (b) prevents by force, intimidation, or deception, [any person] an individual from
112     performing any act that might aid in the discovery, apprehension, prosecution, conviction, or
113     punishment of [any person] an individual;
114          (c) alters, destroys, conceals, or removes [any item or other thing] an item;
115          (d) makes, presents, or uses [any item or thing] an item known by the actor to be false;
116          (e) harbors or conceals [a person] an individual;
117          (f) provides [a person] an individual with transportation, disguise, or other means of
118     avoiding discovery or apprehension;
119          (g) warns [any person] an individual of impending discovery or apprehension;
120          (h) warns [any person] an individual of an order authorizing the interception of wire
121     communications or of a pending application for an order authorizing the interception of wire
122     communications;
123          (i) conceals information that is not privileged and that concerns the offense, after a
124     judge or magistrate has ordered the actor to provide the information; [or]
125          (j) provides false information regarding a suspect, a witness, the conduct constituting
126     an offense, or any other material aspect of the investigation[.]; or
127          (k) sends or causes to be sent any form of communication to a judge, law enforcement
128     officer, investigator, public servant, or prosecuting attorney that is threatening or designed to
129     interfere with or impede the investigation, prosecution, conviction, or punishment of an
130     individual.
131          [(2) (a) As used in this section, "conduct that constitutes a criminal offense" means
132     conduct that would be punishable as a crime and is separate from a violation of this section,
133     and includes:]
134          [(i) any violation of a criminal statute or ordinance of this state, its political
135     subdivisions, any other state, or any district, possession, or territory of the United States; and]
136          [(ii) conduct committed by a juvenile which would be a crime if committed by an
137     adult.]
138          [(b)] (3) [A] For purposes of this section, a violation of a criminal statute that is
139     committed in another state, or [any] a district, possession, or territory of the United States, is a:
140          (i) capital felony if the penalty provided includes death or life imprisonment without
141     parole;
142          (ii) a first degree felony if the penalty provided includes life imprisonment with parole
143     or a maximum term of imprisonment exceeding 15 years;
144          (iii) a second degree felony if the penalty provided exceeds five years;
145          (iv) a third degree felony if the penalty provided includes imprisonment for any period
146     exceeding one year; and
147          (v) a misdemeanor if the penalty provided includes imprisonment for any period of one
148     year or less.
149          [(3)] (4) Obstruction of justice is:
150          (a) a second degree felony if the conduct which constitutes an offense would be a
151     capital felony or first degree felony;
152          (b) a third degree felony if:
153          (i) the conduct that constitutes an offense would be a second or third degree felony and
154     the actor violates Subsection [(1)] (2)(b), (c), (d), (e), or (f);
155          (ii) the conduct that constitutes an offense would be any offense other than a capital or
156     first degree felony and the actor violates Subsection [(1)] (2)(a);
157          (iii) the obstruction of justice is presented or committed before a court of law; or
158          (iv) a violation of Subsection [(1)] (2)(h); or
159          (c) a class A misdemeanor for any violation of this section that is not enumerated under
160     Subsection [(3)] (4)(a) or (b).
161          [(4)] (5) It is not a defense that the actor was unaware of the level of penalty for the
162     conduct constituting an offense.
163          [(5)] (6) Subsection [(1)] (2)(e) does not apply to harboring a youth offender, which is
164     governed by Section 62A-7-402.
165          [(6)] (7) Subsection [(1)] (2)(b) does not apply to:
166          (a) tampering with a juror, which is governed by Section 76-8-508.5;
167          (b) influencing, impeding, or retaliating against a judge, prosecuting attorney, or
168     member of the Board of Pardons and Parole, which is governed by Section 76-8-316;
169          (c) tampering with a witness or soliciting or receiving a bribe, which is governed by
170     Section 76-8-508;
171          (d) retaliation against a witness, victim, or informant, which is governed by Section
172     76-8-508.3; or
173          (e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
174     76-8-509.
175          [(7)] (8) Notwithstanding Subsection [(1), (2), or (3)] (2), (3), or (4), an actor commits
176     a third degree felony if the actor harbors or conceals an offender who has escaped from official
177     custody as defined in Section 76-8-309.
178          Section 3. Section 76-8-316 is amended to read:
179          76-8-316. Influencing, impeding, or retaliating against a judge, prosecuting
180     attorney, or member of the Board of Pardons and Parole or acting against a family
181     member of a judge, prosecuting attorney, or a member of the Board of Pardons and
182     Parole.
183          (1) As used in this section:
184          (a) "Board member" means an appointed member of the Board of Pardons and Parole.
185          (b) "Court official" means a judge, prosecuting attorney, or board member.
186          [(b)] (c) "Family member" means an individual's parents, spouse, surviving spouse,
187     children, and siblings [of a judge or board member].
188          [(c)] (d) "Judge" means judges of all courts of record and courts not of record and court
189     commissioners.
190          (e) "Prosecuting attorney" means an attorney involved in the prosecution of a
191     defendant.
192          (2) [A person] An individual is guilty of a third degree felony if the [person] individual
193     threatens to assault, kidnap, or murder a [judge, a family member of a judge, a board member,
194     or a family member of a board member] court official or a family member of a court official
195     with the intent to impede, intimidate, or interfere with the [judge or board member] court
196     official while engaged in the performance of the [judge's or board member's] court official's
197     official duties or with the intent to retaliate against the [judge or board member] court official
198     on account of the performance of those official duties.
199          (3) [A person] An individual is guilty of a second degree felony if the [person]
200     individual commits an assault on a [judge, a family member of a judge, a board member, or a
201     family member of a board member] court official or a family member of a court official with
202     the intent to impede, intimidate, or interfere with the [judge or board member] court official
203     while engaged in the performance of the [judge's or board member's] court official's official
204     duties, or with the intent to retaliate against the [judge or board member] court official on
205     account of the performance of those official duties.
206          (4) [A person] An individual is guilty of a first degree felony if the [person] individual
207     commits aggravated assault on a [judge, a family member of a judge, a board member, or a
208     family member of a board member] court official or a family member of a court official with
209     the intent to impede, intimidate, or interfere with the [judge or board member] court official
210     while engaged in the performance of the [judge's or board member's] court official's official
211     duties, or with the intent to retaliate against the [judge or board member] court official on
212     account of the performance of those official duties.
213          (5) [A person] An individual is guilty of a first degree felony if the [person] individual
214     commits attempted murder on a family member of a [judge or a family member of a board
215     member] court official with the intent to impede, intimidate, or interfere with the [judge or
216     board member] court official while engaged in the performance of the [judge's or board
217     member's] court official's official duties, or with the intent to retaliate against the [judge or
218     board member] court official on account of the performance of those official duties.
219          (6) A member of the Board of Pardons and Parole is an executive officer for purposes
220     of Subsection 76-5-202(1)(m).