Representative Craig Hall proposes the following substitute bill:


1     
RETALIATION AND OBSTRUCTION OF JUSTICE

2     
AMENDMENTS

3     
2020 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 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 communications to the list of crimes constituting
18     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] a person;
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.
127          [(2) (a) As used in this section, "conduct that constitutes a criminal offense" means
128     conduct that would be punishable as a crime and is separate from a violation of this section,
129     and includes:]
130          [(i) any violation of a criminal statute or ordinance of this state, its political
131     subdivisions, any other state, or any district, possession, or territory of the United States; and]
132          [(ii) conduct committed by a juvenile which would be a crime if committed by an
133     adult.]
134          [(b)] (3) [A] For purposes of this section, a violation of a criminal statute that is
135     committed in another state, or [any] a district, possession, or territory of the United States, is a:
136          [(i)] (a) capital felony if the penalty provided includes death or life imprisonment
137     without parole;
138          [(ii)] (b) a first degree felony if the penalty provided includes life imprisonment with
139     parole or a maximum term of imprisonment exceeding 15 years;
140          [(iii)] (c) a second degree felony if the penalty provided exceeds five years;
141          [(iv)] (d) a third degree felony if the penalty provided includes imprisonment for any
142     period exceeding one year; and
143          [(v)] (e) a misdemeanor if the penalty provided includes imprisonment for any period
144     of one year or less.
145          [(3)] (4) Obstruction of justice is:
146          (a) a second degree felony if the conduct which constitutes an offense would be a
147     capital felony or first degree felony;
148          (b) a third degree felony if:
149          (i) the conduct that constitutes an offense would be a second or third degree felony and
150     the actor violates Subsection [(1)] (2)(b), (c), (d), (e), or (f);
151          (ii) the conduct that constitutes an offense would be any offense other than a capital or
152     first degree felony and the actor violates Subsection [(1)] (2)(a);
153          (iii) the obstruction of justice is presented or committed before a court of law; or
154          (iv) a violation of Subsection [(1)] (2)(h); or
155          (c) a class A misdemeanor for any violation of this section that is not enumerated under
156     Subsection [(3)] (4)(a) or (b).
157          [(4)] (5) It is not a defense that the actor was unaware of the level of penalty for the
158     conduct constituting an offense.
159          [(5)] (6) Subsection [(1)] (2)(e) does not apply to harboring a youth offender, which is
160     governed by Section 62A-7-402.
161          [(6)] (7) Subsection [(1)] (2)(b) does not apply to:
162          (a) tampering with a juror, which is governed by Section 76-8-508.5;
163          (b) influencing, impeding, or retaliating against a judge, prosecuting attorney, or
164     member of the Board of Pardons and Parole, which is governed by Section 76-8-316;
165          (c) tampering with a witness or soliciting or receiving a bribe, which is governed by
166     Section 76-8-508;
167          (d) retaliation against a witness, victim, or informant, which is governed by Section
168     76-8-508.3; or
169          (e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
170     76-8-509.
171          [(7)] (8) Notwithstanding Subsection [(1), (2), or (3)] (2), (3), or (4), an actor commits
172     a third degree felony if the actor harbors or conceals an offender who has escaped from official
173     custody as defined in Section 76-8-309.
174          Section 3. Section 76-8-316 is amended to read:
175          76-8-316. Influencing, impeding, or retaliating against a judge, prosecuting
176     attorney, or member of the Board of Pardons and Parole or acting against a family
177     member of a judge, prosecuting attorney, or a member of the Board of Pardons and
178     Parole.
179          (1) As used in this section:
180          (a) "Board member" means an appointed member of the Board of Pardons and Parole.
181          (b) "Court official" means a judge, prosecuting attorney, or board member.
182          [(b)] (c) "Family member" means an individual's parents, spouse, surviving spouse,
183     children, and siblings [of a judge or board member].
184          [(c)] (d) "Judge" means judges of all courts of record and courts not of record and court
185     commissioners.
186          (e) "Prosecuting attorney" means an attorney involved in the prosecution of a
187     defendant.
188          (2) [A person] An individual is guilty of a third degree felony if [the person threatens]:
189          (a) the individual makes a credible threat to assault, kidnap, or murder a [judge, a
190     family member of a judge, a board member, or a family member of a board member] court
191     official or a family member of a court official with the intent to impede, intimidate, or interfere
192     with the [judge or board member] court official while engaged in the performance of the
193     [judge's or board member's] court official's official duties, or with the intent to retaliate against
194     the [judge or board member] court official on account of the performance of those official
195     duties[.]; and
196          (b) the court official who is the subject of the threat reasonably believes the individual
197     will perform the threatened act.
198          (3) [A person] An individual is guilty of a second degree felony if the [person]
199     individual commits an assault on a [judge, a family member of a judge, a board member, or a
200     family member of a board member] court official or a family member of a court official with
201     the intent to impede, intimidate, or interfere with the [judge or board member] court official
202     while engaged in the performance of the [judge's or board member's] court official's official
203     duties, or with the intent to retaliate against the [judge or board member] court official on
204     account of the performance of those official duties.
205          (4) [A person] An individual is guilty of a first degree felony if the [person] individual
206     commits aggravated assault on a [judge, a family member of a judge, a board member, or a
207     family member of a board member] court official or a family member of a court official with
208     the intent to impede, intimidate, or interfere with the [judge or board member] court official
209     while engaged in the performance of the [judge's or board member's] court official's official
210     duties, or with the intent to retaliate against the [judge or board member] court official on
211     account of the performance of those official duties.
212          (5) [A person] An individual is guilty of a first degree felony if the [person] individual
213     commits attempted murder on a family member of a [judge or a family member of a board
214     member] court official with the intent to impede, intimidate, or interfere with the [judge or
215     board member] court official while engaged in the performance of the [judge's or board
216     member's] court official's official duties, or with the intent to retaliate against the [judge or
217     board member] court official on account of the performance of those official duties.
218          (6) A member of the Board of Pardons and Parole is an executive officer for purposes
219     of Subsection 76-5-202(1)(m).