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
17 ▸ adds certain threatening communications to the list of crimes constituting
18 obstruction of justice; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 53-10-403, as last amended by Laws of Utah 2020, Chapters 142, 214, and 415
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
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 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
34 any person 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
63 (vii) aggravated human trafficking and aggravated human smuggling, Section
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
79 (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
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
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 78B-7-802 .
92 (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
93 by the juvenile court due to the commission of any offense described in Subsection (2), and
95 (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
96 court on or after July 1, 2002; or
97 (b) is 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.
108 delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of
110 (a) provides [
111 (b) prevents by force, intimidation, or deception, [
112 performing any act that might aid in the discovery, apprehension, prosecution, conviction, or
113 punishment of [
114 (c) alters, destroys, conceals, or removes [
115 (d) makes, presents, or uses [
116 (e) harbors or conceals [
117 (f) provides [
118 avoiding discovery or apprehension;
119 (g) warns [
120 (h) warns [
121 communications or of a pending application for an order authorizing the interception of wire
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.
135 committed in another state, or [
137 without parole;
139 parole or a maximum term of imprisonment exceeding 15 years;
142 period exceeding one year; and
144 of one year or less.
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 [
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 [
153 (iii) the obstruction of justice is presented or committed before a court of law; or
154 (iv) a violation of Subsection [
155 (c) a class A misdemeanor for any violation of this section that is not enumerated under
156 Subsection [
158 conduct constituting an offense.
160 governed by Section 62A-7-402.
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
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 or member of the
176 Board of Pardons and Parole or acting against a family member of a judge or a member
177 of the Board of Pardons and Parole.
178 (1) As used in this section:
179 (a) "Board member" means an appointed member of the Board of Pardons and Parole.
180 (b) "Family member" means [
182 (c) "Judge" means judges of all courts of record and courts not of record and court
184 (d) "Official" means a judge, prosecuting attorney, or board member.
185 (e) "Prosecuting attorney" means an attorney Ŝ→ directly ←Ŝ involved in the criminal
185a prosecution of a
187 (2) [
188 (a) the individual makes Ŝ→ specific and ←Ŝ a credible threat to assault, kidnap, or
188a murder [
190 or a family member of an official with the intent to:
191 (i) impede, intimidate, or interfere with the [
192 engaged in the performance of the [
194 (ii) retaliate against the [
195 performance of those official duties[
196 (b) the official or family member of an official who is the subject of the threat
197 reasonably believes the individual will perform the threatened act.
198 (3) [
199 individual commits an assault on [
202 (a) impede, intimidate, or interfere with the [
203 engaged in the performance of the [
205 (b) retaliate against the [
206 performance of those official duties.
207 (4) [
208 commits aggravated assault on [
211 (a) impede, intimidate, or interfere with the [
212 engaged in the performance of the [
214 (b) retaliate against the [
215 performance of those official duties.
216 (5) [
217 commits attempted murder on a family member of [
219 (a) impede, intimidate, or interfere with the [
220 engaged in the performance of the [
222 (b) retaliate against the [
223 performance of those official duties.
224 (6) A member of the Board of Pardons and Parole is an executive officer for purposes
225 of Subsection 76-5-202(1)(m).