1     
CHILD WELFARE WORKER PROTECTIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Walt Brooks

6     

7     LONG TITLE
8     General Description:
9          This bill makes it a crime to assault a child welfare worker.
10     Highlighted Provisions:
11          This bill:
12          ▸     makes it a crime to assault or threaten violence against a child welfare worker.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          None
17     Utah Code Sections Affected:
18     ENACTS:
19          76-8-318, Utah Code Annotated 1953
20     

21     Be it enacted by the Legislature of the state of Utah:
22          Section 1. Section 76-8-318 is enacted to read:
23          76-8-318. Assault or threat of violence against child welfare worker -- Penalty.
24          (1) As used in this section:
25          (a) "Assault" means the same as that term is defined in Section 76-5-102.
26          (b) "Child welfare worker" means an employee of the Division of Child and Family
27     Services created in Section 62A-4a-103.
28          (c) "Threat of violence" means the same as that term is defined in Section 76-5-107.
29          (2) An individual who commits an assault or threat of violence against a child welfare

30     worker is guilty of a class A misdemeanor if:
31          (a) the individual is not:
32          (i) a prisoner or an individual detained under Section 77-7-15; or
33          (ii) a minor in the custody of or receiving services from a division within the
34     Department of Human Services;
35          (b) the individual knew that the victim was a child welfare worker; and
36          (c) the child welfare worker was acting within the scope of the child welfare worker's
37     authority at the time of the assault or threat of violence.
38          (3) An individual who violates this section is guilty of a third degree felony if the
39     individual:
40          (a) causes substantial bodily injury, as defined in Section 76-1-601; and
41          (b) acts intentionally or knowingly.