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8 LONG TITLE
9 Committee Note:
10 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
11 Legislative Vote: 12 voting for 0 voting against 6 absent
12 General Description:
13 This bill modifies criminal provisions in Title 76, Utah Criminal Code, by redrafting
14 offense statutes into a new structure and clarifying existing law.
15 Highlighted Provisions:
16 This bill:
17 ▸ reorders language into a standardized format and clarifies existing law, including
18 the offenses in Title 76, Chapter 8, Offenses Against the Administration of
19 Government;
20 ▸ for clarity, makes technical corrections to certain statutes resulting from the 2022
21 criminal code recodification:
22 • in Title 76, Chapter 1, General Provisions, to reflect separation of aggravated
23 human trafficking and aggravated human smuggling into separate statutes; and
24 • in Title 76, Chapter 3, Punishments, to reflect mandatory imprisonment for
25 sexual abuse of a child;
26 ▸ makes technical corrections to certain statutes resulting from the 2023 criminal code
27 recodification:
28 • in Title 76, Chapter 6, Offenses Against Property, regarding erroneous inclusion
29 of penalty provision in offense concerning unlawful dealing of property by a
30 fiduciary; and
31 • in Title 77, Chapter 36, Cohabitant Abuse Procedures Act, to reflect separation
32 of criminal mischief statute into two separate offenses;
33 ▸ for clarity, creates new definition of "harm" for definitions section of Title 76,
34 Chapter 8, Offenses Against the Administration of Government, based upon
35 existing definitions in chapter and revises relevant offenses to reflect change;
36 ▸ reorganizes the following offenses to enact an embedded offense as a stand-alone
37 statute:
38 • offense concerning receiving bribe or bribery for endorsement of person as
39 public servant;
40 • offense of interference with public servant; and
41 • offense concerning obstruction of justice in a criminal investigation or
42 proceeding;
43 ▸ reorganizes and clarifies existing language in offense of escape and enacts
44 embedded offense of aggravated escape as stand-alone statute;
45 ▸ reorganizes existing statutes concerning secure areas, including enacting a number
46 of statutes to reflect separate stand-alone offenses;
47 ▸ reorganizes the offense of threatening an elected official;
48 ▸ reorganizes offenses concerning influencing, impeding, or retaliating against a judge
49 or a member of the Board of Pardons and Parole or a family member and enacts
50 several stand-alone statutes to reflect separate embedded offenses;
51 ▸ for clarity, revises offense concerning refusal to comply with an order to evacuate or
52 another order issued in a local or state emergency;
53 ▸ for clarity, reorganizes and revises offenses concerning aiding or concealing an
54 adjudicated minor and trespass of a secure care facility;
55 ▸ for clarity, revises statutes concerning misusing public money or public property;
56 ▸ reorganizes offenses concerning refusing to give tax assessor or tax or license
57 collector a list of, or denying access to, employees to enact embedded offense as a
58 stand-alone statute;
59 ▸ for clarity, revises language in offense concerning stealing, destroying, or mutilating
60 public records by a custodian;
61 ▸ reorganizes offenses concerning taking a toll or maintaining road, bridge, or ferry
62 without authority to enact an embedded offense as a stand-alone statute;
63 ▸ for clarity, revises statutes concerning false or inconsistent statements;
64 ▸ reorganizes offenses concerning tampering with a witness and receiving or
65 soliciting a bribe to enact embedded offense as a stand-alone statute;
66 ▸ reorganizes offenses concerning a wrongful attachment by a justice court to enact
67 embedded offense as a stand-alone statute;
68 ▸ for clarity, removes provisions from Title 76, Chapter 8, Part 7, Colleges and
69 Universities, and places them in Title 53B, State System of Higher Education;
70 ▸ for clarity, revises and reorganizes offenses:
71 • concerning criminal trespass upon an institution of higher education and willful
72 interference with lawful activities of students or faculty; and
73 • contained in Title 76, Chapter 8, Part 8, Sabotage Prevention;
74 ▸ for clarity, repeals duplicative language concerning criminal offenses and penalties
75 relating to revenue and taxation;
76 ▸ for clarity, revises and reorganizes offenses in:
77 • Title 76, Chapter 8, Part 12, Public Assistance Fraud; and
78 • Title 76, Chapter 8, Part 13, Unemployment Insurance Fraud; and
79 ▸ makes technical and conforming changes.
80 Money Appropriated in this Bill:
81 None
82 Other Special Clauses:
83 None
84 Utah Code Sections Affected:
85 AMENDS:
86 17-22-5, as last amended by Laws of Utah 2004, Chapter 301
87 26B-6-205, as renumbered and amended by Laws of Utah 2023, Chapter 308
88 35A-3-603, as last amended by Laws of Utah 2023, Chapter 328
89 35A-3-604, as last amended by Laws of Utah 2015, Chapter 221
90 35A-4-304, as last amended by Laws of Utah 2012, Chapter 15
91 35A-4-305, as last amended by Laws of Utah 2012, Chapter 15
92 35A-4-312, as last amended by Laws of Utah 2016, Chapter 296
93 53-10-403, as last amended by Laws of Utah 2023, Chapters 328, 457
94 53B-3-103, as last amended by Laws of Utah 2021, First Special Session, Chapter 7
95 59-1-401, as last amended by Laws of Utah 2023, Chapter 471
96 63G-12-402, as last amended by Laws of Utah 2022, Chapters 328, 370
97 64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
98 76-1-301, as last amended by Laws of Utah 2022, Chapter 181
99 76-3-203.1, as last amended by Laws of Utah 2023, Chapter 111
100 76-3-203.3, as last amended by Laws of Utah 2023, Chapter 111
101 76-3-203.5, as last amended by Laws of Utah 2023, Chapter 111
102 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
103 76-5-203, as last amended by Laws of Utah 2022, Chapter 181
104 76-6-513, as last amended by Laws of Utah 2023, Chapter 111
105 76-8-101, as last amended by Laws of Utah 2019, Chapter 211
106 76-8-102, as enacted by Laws of Utah 1973, Chapter 196
107 76-8-103, as last amended by Laws of Utah 1998, Chapter 92
108 76-8-104, as last amended by Laws of Utah 1991, Chapter 215
109 76-8-105, as repealed and reenacted by Laws of Utah 1998, Chapter 92
110 76-8-106, as enacted by Laws of Utah 1973, Chapter 196
111 76-8-107, as last amended by Laws of Utah 1974, Chapter 32
112 76-8-108, as last amended by Laws of Utah 1985, Chapter 21
113 76-8-110, as last amended by Laws of Utah 1992, Chapter 128
114 76-8-201, as enacted by Laws of Utah 1973, Chapter 196
115 76-8-202, as last amended by Laws of Utah 1991, Chapter 241
116 76-8-203, as last amended by Laws of Utah 2011, Chapter 336
117 76-8-301, as last amended by Laws of Utah 2020, Chapter 165
118 76-8-301.5, as last amended by Laws of Utah 2019, Chapter 411
119 76-8-302, as enacted by Laws of Utah 1973, Chapter 196
120 76-8-303, as enacted by Laws of Utah 1973, Chapter 196
121 76-8-305, as last amended by Laws of Utah 2017, Chapter 312
122 76-8-305.5, as last amended by Laws of Utah 2018, Chapter 133
123 76-8-306, as last amended by Laws of Utah 2021, Chapter 262
124 76-8-306.5, as enacted by Laws of Utah 2007, Chapter 155
125 76-8-307, as enacted by Laws of Utah 1973, Chapter 196
126 76-8-308, as last amended by Laws of Utah 1991, Chapter 241
127 76-8-309, as last amended by Laws of Utah 2022, Chapter 181
128 76-8-311.1, as last amended by Laws of Utah 2023, Chapter 330
129 76-8-311.3, as last amended by Laws of Utah 2023, Chapter 330
130 76-8-312, as last amended by Laws of Utah 1974, Chapter 32
131 76-8-313, as last amended by Laws of Utah 1996, Chapter 45
132 76-8-316, as last amended by Laws of Utah 2022, Chapter 181
133 76-8-317, as last amended by Laws of Utah 2013, Chapter 295
134 76-8-318, as last amended by Laws of Utah 2022, Chapters 181, 335
135 76-8-402, as last amended by Laws of Utah 2020, Chapter 61
136 76-8-403, as last amended by Laws of Utah 2020, Chapter 61
137 76-8-405, as enacted by Laws of Utah 1973, Chapter 196
138 76-8-406, as enacted by Laws of Utah 1973, Chapter 196
139 76-8-407, as enacted by Laws of Utah 1973, Chapter 196
140 76-8-408, as enacted by Laws of Utah 1973, Chapter 196
141 76-8-409, as last amended by Laws of Utah 1991, Chapter 5
142 76-8-410, as enacted by Laws of Utah 1973, Chapter 196
143 76-8-411, as enacted by Laws of Utah 1973, Chapter 196
144 76-8-412, as enacted by Laws of Utah 1973, Chapter 196
145 76-8-413, as enacted by Laws of Utah 1973, Chapter 196
146 76-8-414, as enacted by Laws of Utah 1973, Chapter 196
147 76-8-415, as enacted by Laws of Utah 1973, Chapter 196
148 76-8-416, as enacted by Laws of Utah 1973, Chapter 196
149 76-8-417, as enacted by Laws of Utah 1973, Chapter 196
150 76-8-418, as last amended by Laws of Utah 2022, Chapter 335
151 76-8-419, as last amended by Laws of Utah 2002, Chapter 166
152 76-8-420, as last amended by Laws of Utah 2007, Chapter 229
153 76-8-501, as last amended by Laws of Utah 2018, Chapter 298
154 76-8-502, as last amended by Laws of Utah 1997, Chapter 324
155 76-8-503, as last amended by Laws of Utah 2014, Chapter 167
156 76-8-504, as last amended by Laws of Utah 2022, Chapter 328
157 76-8-504.5, as enacted by Laws of Utah 1999, Chapter 215
158 76-8-504.6, as last amended by Laws of Utah 2015, Chapter 131
159 76-8-506, as last amended by Laws of Utah 2005, Chapter 92
160 76-8-507, as last amended by Laws of Utah 2002, Chapter 42
161 76-8-508, as last amended by Laws of Utah 2004, Chapter 140
162 76-8-508.3, as enacted by Laws of Utah 2004, Chapter 140
163 76-8-508.5, as last amended by Laws of Utah 1992, Chapter 219
164 76-8-509, as enacted by Laws of Utah 1973, Chapter 196
165 76-8-510.5, as last amended by Laws of Utah 2014, Chapter 167
166 76-8-511, as last amended by Laws of Utah 2003, Chapter 238
167 76-8-512, as last amended by Laws of Utah 2013, First Special Session, Chapter 4
168 76-8-513, as enacted by Laws of Utah 1973, Chapter 196
169 76-8-515, as enacted by Laws of Utah 2023, Chapter 179
170 76-8-601, as last amended by Laws of Utah 2008, Chapter 3
171 76-8-602, as last amended by Laws of Utah 1990, Chapter 59
172 76-8-603, as last amended by Laws of Utah 1990, Chapter 59
173 76-8-703, as repealed and reenacted by Laws of Utah 2013, Chapter 257
174 76-8-705, as last amended by Laws of Utah 2013, Chapter 257
175 76-8-802, as enacted by Laws of Utah 1973, Chapter 196
176 76-8-803, as enacted by Laws of Utah 1973, Chapter 196
177 76-8-804, as enacted by Laws of Utah 1973, Chapter 196
178 76-8-805, as enacted by Laws of Utah 1973, Chapter 196
179 76-8-807, as enacted by Laws of Utah 1973, Chapter 196
180 76-8-809, as last amended by Laws of Utah 2023, Chapter 435
181 76-8-810, as enacted by Laws of Utah 1973, Chapter 196
182 76-8-811, as last amended by Laws of Utah 1995, Chapter 20
183 76-8-901, as enacted by Laws of Utah 1973, Chapter 196
184 76-8-902, as enacted by Laws of Utah 1973, Chapter 196
185 76-8-903, as enacted by Laws of Utah 1973, Chapter 196
186 76-8-904, as enacted by Laws of Utah 1973, Chapter 196
187 76-8-1201, as last amended by Laws of Utah 2015, Chapter 221
188 76-8-1203, as last amended by Laws of Utah 2010, Chapter 94
189 76-8-1207, as last amended by Laws of Utah 2000, Chapter 48
190 76-8-1301, as last amended by Laws of Utah 2010, Chapter 193
191 76-8-1402, as enacted by Laws of Utah 2004, Chapter 107
192 76-8-1403, as last amended by Laws of Utah 2018, Chapter 133
193 76-9-802, as last amended by Laws of Utah 2021, Chapter 64
194 76-9-902, as last amended by Laws of Utah 2020, Chapter 394
195 76-9-1008, as last amended by Laws of Utah 2013, Chapter 278
196 76-10-306, as last amended by Laws of Utah 2010, Chapter 61
197 76-10-1602, as last amended by Laws of Utah 2023, Chapters 34, 111, 139, and 330
198 77-23a-8, as last amended by Laws of Utah 2023, Chapter 111
199 77-36-1, as last amended by Laws of Utah 2022, Chapters 185, 430
200 77-36-1.1, as last amended by Laws of Utah 2023, Chapters 111, 184
201 77-37-3, as last amended by Laws of Utah 2023, Chapter 448
202 ENACTS:
203 53B-20-107, Utah Code Annotated 1953
204 76-8-106.1, Utah Code Annotated 1953
205 76-8-301.2, Utah Code Annotated 1953
206 76-8-309.1, Utah Code Annotated 1953
207 76-8-309.2, Utah Code Annotated 1953
208 76-8-311.2, Utah Code Annotated 1953
209 76-8-311.4, Utah Code Annotated 1953
210 76-8-311.6, Utah Code Annotated 1953
211 76-8-311.7, Utah Code Annotated 1953
212 76-8-311.8, Utah Code Annotated 1953
213 76-8-311.9, Utah Code Annotated 1953
214 76-8-311.10, Utah Code Annotated 1953
215 76-8-316.2, Utah Code Annotated 1953
216 76-8-316.4, Utah Code Annotated 1953
217 76-8-316.6, Utah Code Annotated 1953
218 76-8-320, Utah Code Annotated 1953
219 76-8-409.2, Utah Code Annotated 1953
220 76-8-416.2, Utah Code Annotated 1953
221 76-8-508.7, Utah Code Annotated 1953
222 76-8-604, Utah Code Annotated 1953
223 76-8-1203.1, Utah Code Annotated 1953
224 76-8-1203.3, Utah Code Annotated 1953
225 76-8-1203.5, Utah Code Annotated 1953
226 76-8-1203.7, Utah Code Annotated 1953
227 76-8-1302, Utah Code Annotated 1953
228 76-8-1303, Utah Code Annotated 1953
229 76-8-1304, Utah Code Annotated 1953
230 RENUMBERS AND AMENDS:
231 76-8-319, (Renumbered from 76-8-311.5, as renumbered and amended by Laws of
232 Utah 2021, Chapter 261)
233 REPEALS:
234 76-8-314, as last amended by Laws of Utah 1996, Chapter 45
235 76-8-315, as enacted by Laws of Utah 1983, Chapter 330
236 76-8-404, as last amended by Laws of Utah 2020, Chapter 61
237 76-8-505, as last amended by Laws of Utah 1997, Chapter 324
238 76-8-701, as last amended by Laws of Utah 2013, Chapters 10, 257
239 76-8-702, as last amended by Laws of Utah 2013, Chapter 257
240 76-8-707, as last amended by Laws of Utah 1993, Chapter 234
241 76-8-709, as last amended by Laws of Utah 2013, Chapter 257
242 76-8-716, as enacted by Laws of Utah 1973, Chapter 196
243 76-8-717, as last amended by Laws of Utah 2013, Chapter 257
244 76-8-801, as enacted by Laws of Utah 1973, Chapter 196
245 76-8-806, as last amended by Laws of Utah 1997, Chapter 296
246 76-8-808, as enacted by Laws of Utah 1973, Chapter 196
247 76-8-1101, as last amended by Laws of Utah 2014, Chapter 52
248 76-8-1202, as last amended by Laws of Utah 2023, Chapter 330
249 76-8-1204, as last amended by Laws of Utah 2000, Chapter 48
250 76-8-1205, as last amended by Laws of Utah 2015, Chapter 221
251 76-8-1206, as last amended by Laws of Utah 2012, Chapter 41
252 76-8-1401, as enacted by Laws of Utah 2004, Chapter 107
253
254 Be it enacted by the Legislature of the state of Utah:
255 Section 1. Section 17-22-5 is amended to read:
256 17-22-5. Sheriff's classification of jail inmates -- Classification criteria --
257 Alternative incarceration programs -- Limitation.
258 (1) Except as provided in Subsection (4), the sheriff shall adopt and implement written
259 policies for admission of prisoners to the county jail and the classification of persons
260 incarcerated in the jail which shall provide for the separation of prisoners by gender and by
261 such other factors as may reasonably provide for the safety and well-being of inmates and the
262 community. To the extent authorized by law, any written admission policies shall be applied
263 equally to all entities using the county correctional facilities.
264 (2) Except as provided in Subsection (4), each county sheriff shall assign prisoners to a
265 facility or section of a facility based on classification criteria that the sheriff develops and
266 maintains.
267 (3) (a) Except as provided in Subsection (4), a county sheriff may develop and
268 implement alternative incarceration programs that may or may not involve housing a prisoner
269 in a jail facility.
270 (b) A prisoner housed under an alternative incarceration program under Subsection
271 (3)(a) shall be considered to be in the full custody and control of the sheriff for purposes of
272 [
273 (c) A prisoner may not be placed in an alternative incarceration program under
274 Subsection (3)(a) unless:
275 (i) the jail facility is at maximum operating capacity, as established under Subsection
276 17-22-5.5(2); or
277 (ii) ordered by the court.
278 (4) This section may not be construed to authorize a sheriff to modify provisions of a
279 contract with the Department of Corrections to house in a county jail persons sentenced to the
280 Department of Corrections.
281 Section 2. Section 26B-6-205 is amended to read:
282 26B-6-205. Reporting requirements -- Investigation -- Exceptions -- Immunity --
283 Penalties -- Nonmedical healing.
284 (1) Except as provided in Subsection (4), if an individual has reason to believe that a
285 vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual
286 shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective
287 Services or to the nearest peace officer or law enforcement agency.
288 (2) (a) If a peace officer or a law enforcement agency receives a report under
289 Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult
290 Protective Services.
291 (b) Adult Protective Services and the peace officer or the law enforcement agency shall
292 coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide
293 protection to the vulnerable adult.
294 (3) When a report under Subsection (1), or a subsequent investigation by Adult
295 Protective Services, indicates that a criminal offense may have occurred against a vulnerable
296 adult:
297 (a) Adult Protective Services shall notify the nearest local law enforcement agency
298 regarding the potential offense; and
299 (b) the law enforcement agency shall initiate an investigation in cooperation with Adult
300 Protective Services.
301 (4) Subject to Subsection (5), the reporting requirement described in Subsection (1)
302 does not apply to:
303 (a) a member of the clergy, with regard to any confession made to the member of the
304 clergy while functioning in the ministerial capacity of the member of the clergy and without the
305 consent of the individual making the confession, if:
306 (i) the perpetrator made the confession directly to the member of the clergy; and
307 (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
308 to maintain the confidentiality of that confession; or
309 (b) an attorney, or an individual employed by the attorney, if knowledge of the
310 suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of
311 a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation
312 of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in
313 accordance with Utah Rules of Professional Conduct, Rule 1.6.
314 (5) (a) When a member of the clergy receives information about abuse, neglect, or
315 exploitation of a vulnerable adult from any source other than confession of the perpetrator, the
316 member of the clergy is required to report that information even though the member of the
317 clergy may have also received information about abuse, neglect, or exploitation from the
318 confession of the perpetrator.
319 (b) Exemption of the reporting requirement for an individual described in Subsection
320 (4) does not exempt the individual from any other efforts required by law to prevent further
321 abuse, neglect, or exploitation of a vulnerable adult by the perpetrator.
322 (6) (a) As used in this Subsection (6), "physician" means an individual licensed to
323 practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
324 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
325 (b) The physician-patient privilege does not:
326 (i) excuse a physician from reporting suspected abuse, neglect, or exploitation of a
327 vulnerable adult under Subsection (1); or
328 (ii) constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or
329 the cause of the vulnerable adult's injuries, in any judicial or administrative proceeding
330 resulting from a report under Subsection (1).
331 (7) (a) An individual who in good faith makes a report under Subsection (1), or who
332 otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is
333 immune from civil and criminal liability in connection with the report or notification.
334 (b) A covered provider or covered contractor, as defined in Section 26B-2-238, that
335 knowingly fails to report suspected abuse, neglect, or exploitation of a vulnerable adult to
336 Adult Protective Services, or to the nearest peace officer or law enforcement agency, under
337 Subsection (1), is subject to a private right of action and liability for the abuse, neglect, or
338 exploitation of a vulnerable adult that is committed by the individual who was not reported to
339 Adult Protective Services or to the nearest peace officer or law enforcement agency.
340 (c) This Subsection (7) does not provide immunity with respect to acts or omissions of
341 a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity
342 Act of Utah.
343 (8) If Adult Protective Services has substantial grounds to believe that an individual
344 has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in
345 accordance with this section, Adult Protective Services shall file a complaint with:
346 (a) the Division of Professional Licensing if the individual is a health care provider, as
347 defined in Section 80-2-603, or a mental health therapist, as defined in Section 58-60-102;
348 (b) the appropriate law enforcement agency if the individual is a law enforcement
349 officer, as defined in Section 53-13-103; and
350 (c) the State Board of Education if the individual is an educator, as defined in Section
351 53E-6-102.
352 (9) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails
353 to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective
354 Services, or to the nearest peace officer or law enforcement agency under Subsection (1).
355 (b) If an individual is convicted under Subsection (9)(a), the court may order the
356 individual, in addition to any other sentence the court imposes, to:
357 (i) complete community service hours; or
358 (ii) complete a program on preventing abuse, neglect, and exploitation of vulnerable
359 adults.
360 (c) In determining whether it would be appropriate to charge an individual with a
361 violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a
362 reasonable individual would not have reported suspected abuse, neglect, or exploitation of a
363 vulnerable adult because reporting would have placed the individual in immediate danger of
364 death or serious bodily injury.
365 (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
366 an individual's violation of Subsection (9)(a) as the basis for charging the individual with
367 another offense.
368 (e) A prosecution for failure to report under Subsection (9)(a) shall be commenced
369 within two years after the day on which the individual had knowledge of the suspected abuse,
370 neglect, or exploitation and willfully failed to report.
371 (10) Under circumstances not amounting to a violation of Section 76-8-508 or
372 76-8-508.7, an individual is guilty of a class B misdemeanor if the individual threatens,
373 intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report under
374 Subsection (1), the individual who made the report under Subsection (1), a witness, or any
375 other person cooperating with an investigation conducted in accordance with this chapter.
376 (11) An adult is not considered abused, neglected, or a vulnerable adult for the reason
377 that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
378 medical care.
379 Section 3. Section 35A-3-603 is amended to read:
380 35A-3-603. Civil liability for overpayment.
381 (1) A provider, recipient, or other person who receives an overpayment shall,
382 regardless of fault, return the overpayment or repay its value to the department immediately:
383 (a) upon receiving written notice of the overpayment from the department; or
384 (b) upon discovering the overpayment, if that occurs before receiving notice.
385 (2) (a) Except as provided under Subsection (2)(b), interest on the unreturned balance
386 of the overpayment shall accrue at the rate of 1% a month.
387 (b) If the overpayment was not the fault of the person receiving it, that person is not
388 liable for interest on the unreturned balance.
389 (c) In accordance with federal law and rules made by the department in accordance
390 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an overpayment may be
391 recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
392 cash-related assistance provided to a recipient under this chapter, or other means provided by
393 federal law.
394 (3) A person who knowingly assists a recipient, provider, or other person in obtaining
395 an overpayment is jointly and severally liable for the overpayment.
396 (4) (a) In proving civil liability for overpayment under this section, or Section
397 35A-3-605, when fault is alleged, the department shall prove by clear and convincing evidence
398 that the overpayment was obtained intentionally, knowingly, recklessly as "intentionally,
399 knowingly, and recklessly" are defined in Section 76-2-103, by false statement,
400 misrepresentation, impersonation, or other fraudulent means, including committing any of the
401 acts or omissions described in Sections [
402 76-8-1203.3, 76-8-1203.5, or 76-8-1203.7.
403 (b) If fault is established under Subsection (4)(a), Section 35A-3-605, or Title 76,
404 Chapter 8, Part 12, Public Assistance Fraud, a person who obtained or helped another obtain an
405 overpayment is subject to:
406 (i) a civil penalty of 10% of the amount of the overpayment, except for overpayments
407 related to assistance for child care services;
408 (ii) a civil penalty of 50% of the amount of the overpayment for overpayments related
409 to assistance for child care services;
410 (iii) disqualification from receiving cash assistance from the Family Employment
411 Program created in Section 35A-3-302 and the General Assistance program under Section
412 35A-3-401, if the overpayment was obtained from either of those programs, for the period
413 described in Subsection (4)(c); and
414 (iv) disqualification from SNAP, if the overpayment was received from SNAP, for the
415 period described in Subsection (4)(c).
416 (c) Unless otherwise provided by federal law, the period of a disqualification under
417 Subsections (4)(b)(iii) and (iv) is for:
418 (i) 12 months for a first offense;
419 (ii) 24 months for a second offense; and
420 (iii) permanently for a third offense.
421 (5) (a) Except as provided under Subsection (5)(b), if an action is filed, the department
422 may recover, in addition to the principal sum plus interest, reasonable attorney fees and costs.
423 (b) If the repayment obligation arose from an administrative error by the department,
424 the department may not recover attorney fees and costs.
425 (6) If a court finds that funds or benefits were secured, in whole or part, by fraud by the
426 person from whom repayment is sought, the court shall assess an additional sum as considered
427 appropriate as punitive damages up to the amount of repayment being sought.
428 (7) A criminal action for public assistance fraud is governed by Title 76, Chapter 8,
429 Part 12, Public Assistance Fraud.
430 (8) Jurisdiction over benefits is continuous.
431 (9) This chapter does not preclude the Department of Health and Human Services from
432 carrying out its responsibilities under Title 26B, Chapter 3, Part 10, Medical Benefits
433 Recovery, and Title 26B, Chapter 3, Part 11, Utah False Claims Act.
434 Section 4. Section 35A-3-604 is amended to read:
435 35A-3-604. Obligor presumed to have notice of department's rights -- Authority
436 to administer oaths, issue subpoenas, and compel witnesses and production of documents
437 -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative
438 procedures.
439 (1) An obligor is presumed to have received notice of the rights of the department
440 under this part upon engaging in this state in any of the acts described in Subsections
441 35A-3-603(3) and (4) or Section [
442 76-8-1203.3, 76-8-1203.5, or 76-8-1203.7.
443 (2) For the purposes of this part, the department may administer oaths and certify
444 official acts, issue subpoenas, and compel witnesses and the production of business records,
445 documents, and evidence.
446 (3) (a) Except when an overpayment results from administrative error, the department
447 may recover from the obligor:
448 (i) reasonable [
449 (ii) costs incurred in pursuing administrative remedies under this part; and
450 (iii) interest at the rate of 1% a month accruing from the date an administrative or
451 judicial order is issued determining the amount due under this part.
452 (b) The department may recover interest, attorney fees, and costs, if notice of the
453 assessment has been included in a notice of agency action issued in compliance with Title 63G,
454 Chapter 4, Administrative Procedures Act.
455 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
456 department may make, amend, and enforce rules to carry out the provisions of this part.
457 (5) Service of all notices and orders under this part shall comply with:
458 (a) Title 63G, Chapter 4, Administrative Procedures Act;
459 (b) Utah Rules of Civil Procedure; or
460 (c) rules made by the department under this part in accordance with Title 63G, Chapter
461 3, Utah Administrative Rulemaking Act, that meet standards required by due process.
462 Section 5. Section 35A-4-304 is amended to read:
463 35A-4-304. Special provisions regarding transfers of unemployment experience
464 and assignment rates.
465 (1) As used in this section:
466 (a) "Knowingly" means having actual knowledge of or acting with deliberate ignorance
467 or reckless disregard for the prohibition involved.
468 (b) "Person" has the meaning given that term by Section 7701(a)(1) of the Internal
469 Revenue Code of 1986.
470 (c) "Trade or business" includes the employer's workforce.
471 (d) "Violate or attempt to violate" includes intent to evade, misrepresentation, or
472 willful nondisclosure.
473 (2) Notwithstanding any other provision of this chapter, Subsections (3) and (4) shall
474 apply regarding assignment of rates and transfers of unemployment experience.
475 (3) (a) If an employer transfers its trade or business, or a portion of its trade or
476 business, to another employer and, at the time of the transfer, there is common ownership,
477 management, or control of the employers, then the unemployment experience attributable to
478 each employer shall be combined into a common experience rate calculation.
479 (b) The contribution rates of the employers shall be recalculated and made effective
480 upon the date of the transfer of trade or business as determined by division rule in accordance
481 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
482 (c) (i) If one or more of the employers is a qualified employer at the time of the
483 transfer, then all employing units that are party to a transfer described in Subsection (3)(a) of
484 this section shall be assigned an overall contribution rate under Subsection 35A-4-303(4),
485 using combined unemployment experience rating factors, for the rate year during which the
486 transfer occurred and for the subsequent three rate years.
487 (ii) If none of the employing units is a qualified employer at the time of the transfer,
488 then all employing units that are party to the transfer described in Subsection (3)(a) shall be
489 assigned the highest overall contribution rate applicable at the time of the transfer to any
490 employer who is party to the acquisition for the rate year during which the transfer occurred
491 and for subsequent rate years until the time when one or more of the employing units is a
492 qualified employer.
493 (iii) Once one or more employing units described in Subsection (3)(c)(ii) is a qualified
494 employer, all the employing units shall be assigned an overall rate under Subsection
495 35A-4-303(4), using combined unemployment experience rating factors for subsequent rate
496 years, not to exceed three years following the year of the transfer.
497 (d) The transfer of some or all of an employer's workforce to another employer shall be
498 considered a transfer of its trade or business when, as the result of the transfer, the transferring
499 employer no longer performs trade or business with respect to the transferred workforce, and
500 the trade or business is now performed by the employer to whom the workforce is transferred.
501 (4) (a) Whenever a person is not an employer under this chapter at the time it acquires
502 the trade or business of an employer, the unemployment experience of the acquired business
503 may not be transferred to that person if the division finds that the person acquired the business
504 solely or primarily for the purpose of obtaining a lower rate of contributions.
505 (b) The person shall be assigned the applicable new employer rate under Subsection
506 35A-4-303(5).
507 (c) In determining whether the business was acquired solely or primarily for the
508 purpose of obtaining a lower rate of contributions, the division shall use objective factors
509 which may include:
510 (i) the cost of acquiring the business;
511 (ii) whether the person continued the business enterprise of the acquired business;
512 (iii) how long the business enterprise was continued; or
513 (iv) whether a substantial number of new employees were hired for performance of
514 duties unrelated to the business activity conducted prior to acquisition.
515 (5) (a) If a person knowingly violates or attempts to violate Subsection (3) or (4) or any
516 other provision of this chapter related to determining the assignment of a contribution rate, or if
517 a person knowingly advises another person in a way that results in a violation of any of those
518 subsections or provisions, the person is subject to the following penalties:
519 (i) (A) If the person is an employer, then the employer shall be assigned an overall
520 contribution rate of 5.4% for the rate year during which the violation or attempted violation
521 occurred and for the subsequent rate year.
522 (B) If the person's business is already at 5.4% for any year, or if the amount of increase
523 in the person's rate would be less than 2% for that year, then a penalty surcharge of
524 contributions of 2% of taxable wages shall be imposed for the rate year during which the
525 violation or attempted violation occurred and for the subsequent rate year.
526 (ii) (A) If the person is not an employer, the person shall be subject to a civil penalty of
527 not more than $5,000.
528 (B) The fine shall be deposited in the penalty and interest account established under
529 Section 35A-4-506.
530 (b) (i) In addition to the penalty imposed by Subsection (5)(a), a violation of this
531 section may be prosecuted as unemployment insurance fraud.
532 (ii) The determination of the degree of an offense shall be measured by the total value
533 of all contributions avoided or reduced or contributions sought to be avoided or reduced by the
534 unlawful conduct as applied to the degrees listed under [
535 76-8-1302 or 76-8-1303.
536 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
537 division shall make rules to identify the transfer or acquisition of a business for purposes of this
538 section.
539 (7) This section shall be interpreted and applied in a manner that meets the minimum
540 requirements contained in any guidance or regulations issued by the United States Department
541 of Labor.
542 Section 6. Section 35A-4-305 is amended to read:
543 35A-4-305. Collection of contributions -- Unpaid contributions to bear interest --
544 Offer to compromise.
545 (1) (a) Contributions unpaid on the date on which they are due and payable, as
546 prescribed by the division, shall bear interest at the rate of 1% per month from and after that
547 date until payment plus accrued interest is received by the division.
548 (b) (i) Contribution reports not made and filed by the date on which they are due as
549 prescribed by the division are subject to a penalty to be assessed and collected in the same
550 manner as contributions due under this section equal to 5% of the contribution due if the failure
551 to file on time was not more than 15 days, with an additional 5% for each additional 15 days or
552 fraction thereof during which the failure continued, but not to exceed 25% in the aggregate and
553 not less than $25 with respect to each reporting period.
554 (ii) If a report is filed after the required time and it is shown to the satisfaction of the
555 division or its authorized representative that the failure to file was due to a reasonable cause
556 and not to willful neglect, no addition shall be made to the contribution.
557 (c) (i) If contributions are unpaid after 10 days from the date of the mailing or personal
558 delivery by the division or its authorized representative, of a written demand for payment, there
559 shall attach to the contribution, to be assessed and collected in the same manner as
560 contributions due under this section, a penalty equal to 5% of the contribution due.
561 (ii) A penalty may not attach if within 10 days after the mailing or personal delivery,
562 arrangements for payment have been made with the division, or its authorized representative,
563 and payment is made in accordance with those arrangements.
564 (d) The division shall assess as a penalty a service charge, in addition to any other
565 penalties that may apply, in an amount not to exceed the service charge imposed by Section
566 7-15-1 for dishonored instruments if:
567 (i) any amount due the division for contributions, interest, other penalties or benefit
568 overpayments is paid by check, draft, order, or other instrument; and
569 (ii) the instrument is dishonored or not paid by the institution against which it is drawn.
570 (e) Except for benefit overpayments under Subsection 35A-4-405(5), benefit
571 overpayments, contributions, interest, penalties, and assessed costs, uncollected three years
572 after they become due, may be charged as uncollectible and removed from the records of the
573 division if:
574 (i) no assets belonging to the liable person and subject to attachment can be found; and
575 (ii) in the opinion of the division there is no likelihood of collection at a future date.
576 (f) Interest and penalties collected in accordance with this section shall be paid into the
577 Special Administrative Expense Account created by Section 35A-4-506.
578 (g) Action required for the collection of sums due under this chapter is subject to the
579 applicable limitations of actions under Title 78B, Chapter 2, Statutes of Limitations.
580 (2) (a) If an employer fails to file a report when prescribed by the division for the
581 purpose of determining the amount of the employer's contribution due under this chapter, or if
582 the report when filed is incorrect or insufficient or is not satisfactory to the division, the
583 division may determine the amount of wages paid for employment during the period or periods
584 with respect to which the reports were or should have been made and the amount of
585 contribution due from the employer on the basis of any information it may be able to obtain.
586 (b) The division shall give written notice of the determination to the employer.
587 (c) The determination is considered correct unless:
588 (i) the employer, within 10 days after mailing or personal delivery of notice of the
589 determination, applies to the division for a review of the determination as provided in Section
590 35A-4-508; or
591 (ii) unless the division or its authorized representative of its own motion reviews the
592 determination.
593 (d) The amount of contribution determined under Subsection (2)(a) is subject to
594 penalties and interest as provided in Subsection (1).
595 (3) (a) If, after due notice, an employer defaults in the payment of contributions,
596 interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit
597 overpayments and penalties on the overpayments, the amount due shall be collectible by civil
598 action in the name of the division, and the employer adjudged in default shall pay the costs of
599 the action.
600 (b) Civil actions brought under this section to collect contributions, interest, or
601 penalties from an employer, or benefit overpayments and penalties from a claimant shall be:
602 (i) heard by the court at the earliest possible date; and
603 (ii) entitled to preference upon the calendar of the court over all other civil actions
604 except:
605 (A) petitions for judicial review under this chapter; and
606 (B) cases arising under the workers' compensation law of this state.
607 (c) (i) (A) To collect contributions, interest, or penalties, or benefit overpayments and
608 penalties due from employers or claimants located outside Utah, the division may employ
609 private collectors providing debt collection services outside Utah.
610 (B) Accounts may be placed with private collectors only after the employer or claimant
611 has been given a final notice that the division intends to place the account with a private
612 collector for further collection action.
613 (C) The notice shall advise the employer or claimant of the employer's or claimant's
614 rights under this chapter and the applicable rules of the department.
615 (ii) (A) A private collector may receive as compensation up to 25% of the lesser of the
616 amount collected or the amount due, plus the costs and fees of any civil action or postjudgment
617 remedy instituted by the private collector with the approval of the division.
618 (B) The employer or claimant shall be liable to pay the compensation of the collector,
619 costs, and fees in addition to the original amount due.
620 (iii) A private collector is subject to the federal Fair Debt Collection Practices Act, 15
621 U.S.C. Sec. 1692 et seq.
622 (iv) (A) A civil action may not be maintained by a private collector without specific
623 prior written approval of the division.
624 (B) When division approval is given for civil action against an employer or claimant,
625 the division may cooperate with the private collector to the extent necessary to effect the civil
626 action.
627 (d) (i) Notwithstanding Section 35A-4-312, the division may disclose the contribution,
628 interest, penalties or benefit overpayments and penalties, costs due, the name of the employer
629 or claimant, and the employer's or claimant's address and telephone number when any
630 collection matter is referred to a private collector under Subsection (3)(c).
631 (ii) A private collector is subject to the confidentiality requirements and penalty
632 provisions provided in [
633 76-8-1304, except to the extent disclosure is necessary in a civil action to enforce collection of
634 the amounts due.
635 (e) An action taken by the division under this section may not be construed to be an
636 election to forego other collection procedures by the division.
637 (4) (a) In the event of a distribution of an employer's assets under an order of a court
638 under the laws of Utah, including a receivership, assignment for benefits of creditors,
639 adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter
640 due shall be paid in full prior to all other claims except taxes and claims for wages of not more
641 than $400 to each claimant, earned within five months of the commencement of the
642 proceeding.
643 (b) If an employer commences a proceeding in the Federal Bankruptcy Court under a
644 chapter of 11 U.S.C. 101 et seq., as amended by the Bankruptcy Abuse Prevention and
645 Consumer Protection Act of 2005, contributions, interest, and penalties then or thereafter due
646 shall be entitled to the priority provided for taxes, interest, and penalties in the Bankruptcy
647 Abuse Prevention and Consumer Protection Act of 2005.
648 (5) (a) In addition and as an alternative to any other remedy provided by this chapter
649 and provided that no appeal or other proceeding for review provided by this chapter is then
650 pending and the time for taking it has expired, the division may issue a warrant in duplicate,
651 under its official seal, directed to the sheriff of any county of the state, commanding the sheriff
652 to levy upon and sell the real and personal property of a delinquent employer or claimant found
653 within the sheriff's county for the payment of the contributions due, with the added penalties,
654 interest, or benefit overpayment and penalties, and costs, and to return the warrant to the
655 division and pay into the fund the money collected by virtue of the warrant by a time to be
656 specified in the warrant, not more than 60 days from the date of the warrant.
657 (b) (i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the
658 duplicate with the clerk of the district court in the sheriff's county.
659 (ii) The clerk shall enter in the judgment docket, in the column for judgment debtors,
660 the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate
661 columns the amount of the contribution, penalties, interest, or benefit overpayment and
662 penalties, and costs, for which the warrant is issued and the date when the duplicate is filed.
663 (c) The amount of the docketed warrant shall:
664 (i) have the force and effect of an execution against all personal property of the
665 delinquent employer; and
666 (ii) become a lien upon the real property of the delinquent employer or claimant in the
667 same manner and to the same extent as a judgment duly rendered by a district court and
668 docketed in the office of the clerk.
669 (d) After docketing, the sheriff shall:
670 (i) proceed in the same manner as is prescribed by law with respect to execution issued
671 against property upon judgments of a court of record; and
672 (ii) be entitled to the same fees for the sheriff's services in executing the warrant, to be
673 collected in the same manner.
674 (6) (a) Contributions imposed by this chapter are a lien upon the property of an
675 employer liable for the contribution required to be collected under this section who shall sell
676 out the employer's business or stock of goods or shall quit business, if the employer fails to
677 make a final report and payment on the date subsequent to the date of selling or quitting
678 business on which they are due and payable as prescribed by rule.
679 (b) (i) An employer's successor, successors, or assigns, if any, are required to withhold
680 sufficient of the purchase money to cover the amount of the contributions and interest or
681 penalties due and payable until the former owner produces a receipt from the division showing
682 that they have been paid or a certificate stating that no amount is due.
683 (ii) If the purchaser of a business or stock of goods fails to withhold sufficient purchase
684 money, the purchaser is personally liable for the payment of the amount of the contributions
685 required to be paid by the former owner, interest and penalties accrued and unpaid by the
686 former owner, owners, or assignors.
687 (7) (a) If an employer is delinquent in the payment of a contribution, the division may
688 give notice of the amount of the delinquency by registered mail to all persons having in their
689 possession or under their control, any credits or other personal property belonging to the
690 employer, or owing any debts to the employer at the time of the receipt by them of the notice.
691 (b) A person notified under Subsection (7)(a) shall neither transfer nor make any other
692 disposition of the credits, other personal property, or debts until:
693 (i) the division has consented to a transfer or disposition; or
694 (ii) 20 days after the receipt of the notice.
695 (c) All persons notified under Subsection (7)(a) shall, within five days after receipt of
696 the notice, advise the division of credits, other personal property, or other debts in their
697 possession, under their control or owing by them, as the case may be.
698 (8) (a) (i) Each employer shall furnish the division necessary information for the proper
699 administration of this chapter and shall include wage information for each employee, for each
700 calendar quarter.
701 (ii) The information shall be furnished at a time, in the form, and to those individuals
702 as the department may by rule require.
703 (b) (i) Each employer shall furnish each individual worker who is separated that
704 information as the department may by rule require, and shall furnish within 48 hours of the
705 receipt of a request from the division a report of the earnings of any individual during the
706 individual's base-period.
707 (ii) The report shall be on a form prescribed by the division and contain all information
708 prescribed by the division.
709 (c) (i) For each failure by an employer to conform to this Subsection (8) the division
710 shall, unless good cause is shown, assess a $50 penalty if the filing was not more than 15 days
711 late.
712 (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
713 of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
714 per filing.
715 (iii) The penalty is to be collected in the same manner as contributions due under this
716 chapter.
717 (d) (i) The division shall prescribe rules providing standards for determining which
718 contribution reports shall be filed on magnetic or electronic media or in other machine-readable
719 form.
720 (ii) In prescribing these rules, the division:
721 (A) may not require an employer to file contribution reports on magnetic or electronic
722 media unless the employer is required to file wage data on at least 250 employees during any
723 calendar quarter or is an authorized employer representative who files quarterly tax reports on
724 behalf of 100 or more employers during any calendar quarter;
725 (B) shall take into account, among other relevant factors, the ability of the employer to
726 comply at reasonable cost with the requirements of the rules; and
727 (C) may require an employer to post a bond for failure to comply with the rules
728 required by this Subsection (8)(d).
729 (9) (a) (i) An employer liable for payments in lieu of contributions shall file
730 Reimbursable Employment and Wage Reports.
731 (ii) The reports are due on the last day of the month that follows the end of each
732 calendar quarter unless the division, after giving notice, changes the due date.
733 (iii) A report postmarked on or before the due date is considered timely.
734 (b) (i) Unless the employer can show good cause, the division shall assess a $50
735 penalty against an employer who does not file Reimbursable Employment and Wage Reports
736 within the time limits set out in Subsection (9)(a) if the filing was not more than 15 days late.
737 (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
738 of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
739 per filing.
740 (iii) The division shall assess and collect the penalties referred to in this Subsection
741 (9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311.
742 (10) If a person liable to pay a contribution or benefit overpayment imposed by this
743 chapter neglects or refuses to pay it after demand, the amount, including any interest, additional
744 amount, addition to contributions, or assessable penalty, together with any additional accruable
745 costs, shall be a lien in favor of the division upon all property and rights to property, whether
746 real or personal belonging to the person.
747 (11) (a) The lien imposed by Subsection (10) arises at the time the assessment, as
748 defined in the department rules, is made and continues until the liability for the amount
749 assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
750 (b) (i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder
751 of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a
752 warrant with the clerk of the district court.
753 (ii) For the purposes of this Subsection (11)(b):
754 (A) "Judgment lien creditor" means a person who obtains a valid judgment of a court
755 of record for recovery of specific property or a sum certain of money, and who in the case of a
756 recovery of money, has a perfected lien under the judgment on the property involved. A
757 judgment lien does not include inchoate liens such as attachment or garnishment liens until
758 they ripen into a judgment. A judgment lien does not include the determination or assessment
759 of a quasi-judicial authority, such as a state or federal taxing authority.
760 (B) "Mechanics' lien holder" means any person who has a lien on real property, or on
761 the proceeds of a contract relating to real property, for services, labor, or materials furnished in
762 connection with the construction or improvement of the property. A person has a lien on the
763 earliest date the lien becomes valid against subsequent purchasers without actual notice, but not
764 before the person begins to furnish the services, labor, or materials.
765 (C) "Person" means:
766 (I) an individual;
767 (II) a trust;
768 (III) an estate;
769 (IV) a partnership;
770 (V) an association;
771 (VI) a company;
772 (VII) a limited liability company;
773 (VIII) a limited liability partnership; or
774 (IX) a corporation.
775 (D) "Purchaser" means a person who, for adequate and full consideration in money or
776 money's worth, acquires an interest, other than a lien or security interest, in property which is
777 valid under state law against subsequent purchasers without actual notice.
778 (E) "Security interest" means any interest in property acquired by contract for the
779 purpose of securing payment or performance of an obligation or indemnifying against loss or
780 liability. A security interest exists at any time:
781 (I) the property is in existence and the interest has become protected under the law
782 against a subsequent judgment lien arising out of an unsecured obligation; and
783 (II) to the extent that, at that time, the holder has parted with money or money's worth.
784 (12) (a) Except in cases involving a violation of unemployment compensation
785 provisions under Section 76-8-1301, 76-8-1302, 76-8-1303, 76-8-1304, Subsection
786 35A-4-304(5), or Subsection 35A-4-405(5), and at the discretion of the division, the division
787 may accept an offer in compromise from an employer or claimant to reduce past due debt
788 arising from contributions or benefit overpayments imposed under this chapter.
789 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
790 division shall make rules for allowing an offer in compromise provided under Subsection
791 (12)(a).
792 Section 7. Section 35A-4-312 is amended to read:
793 35A-4-312. Records.
794 (1) (a) An employing unit shall keep true and accurate work records containing
795 information the department may prescribe by rule.
796 (b) A record shall be open to inspection and subject to being copied by the division or
797 its authorized representatives at a reasonable time and as often as necessary.
798 (c) An employing unit shall make a record available in the state for three years after the
799 calendar year in which the services are rendered.
800 (2) The division may require from an employing unit a sworn or unsworn report with
801 respect to a person employed by the employing unit that the division considers necessary for
802 the effective administration of this chapter.
803 (3) Except as provided in this section or in Sections 35A-4-103 and 35A-4-106,
804 information obtained under this chapter or obtained from an individual may not be published or
805 open to public inspection in a manner revealing the employing unit's or individual's identity.
806 (4) (a) The information obtained by the division under this section may not be used in
807 court or admitted into evidence in an action or proceeding, except:
808 (i) in an action or proceeding arising out of this chapter;
809 (ii) if the Labor Commission enters into a written agreement with the division under
810 Subsection (6)(b), in an action or proceeding by the Labor Commission to enforce:
811 (A) Title 34, Chapter 23, Employment of Minors;
812 (B) Title 34, Chapter 28, Payment of Wages;
813 (C) Title 34, Chapter 40, Utah Minimum Wage Act; or
814 (D) Title 34A, Utah Labor Code;
815 (iii) under the terms of a court order obtained under Subsection 63G-2-202(7) and
816 Section 63G-2-207; or
817 (iv) under the terms of a written agreement between the Office of State Debt Collection
818 and the division as provided in Subsection (5).
819 (b) The information obtained by the division under this section shall be disclosed to:
820 (i) a party to an unemployment insurance hearing before an administrative law judge of
821 the department or a review by the Workforce Appeals Board to the extent necessary for the
822 proper presentation of the party's case; or
823 (ii) an employer, upon request in writing for information concerning a claim for a
824 benefit with respect to a former employee of the employer.
825 (5) The information obtained by the division under this section may be disclosed to:
826 (a) an employee of the department in the performance of the employee's duties in
827 administering this chapter or other programs of the department;
828 (b) an employee of the Labor Commission for the purpose of carrying out the programs
829 administered by the Labor Commission;
830 (c) an employee of the Department of Commerce for the purpose of carrying out the
831 programs administered by the Department of Commerce;
832 (d) an employee of the governor's office or another state governmental agency
833 administratively responsible for statewide economic development, to the extent necessary for
834 economic development policy analysis and formulation;
835 (e) an employee of another governmental agency that is specifically identified and
836 authorized by federal or state law to receive the information for the purposes stated in the law
837 authorizing the employee of the agency to receive the information;
838 (f) an employee of a governmental agency or workers' compensation insurer to the
839 extent the information will aid in:
840 (i) the detection or avoidance of duplicate, inconsistent, or fraudulent claims against:
841 (A) a workers' compensation program; or
842 (B) public assistance funds; or
843 (ii) the recovery of overpayments of workers' compensation or public assistance funds;
844 (g) an employee of a law enforcement agency to the extent the disclosure is necessary
845 to avoid a significant risk to public safety or in aid of a felony criminal investigation;
846 (h) an employee of the State Tax Commission or the Internal Revenue Service for the
847 purposes of:
848 (i) audit verification or simplification;
849 (ii) state or federal tax compliance;
850 (iii) verification of a code or classification of the:
851 (A) 1987 Standard Industrial Classification Manual of the federal Executive Office of
852 the President, Office of Management and Budget; or
853 (B) 2002 North American Industry Classification System of the federal Executive
854 Office of the President, Office of Management and Budget; and
855 (iv) statistics;
856 (i) an employee or contractor of the department or an educational institution, or other
857 governmental entity engaged in workforce investment and development activities under the
858 Workforce Innovation and Opportunity Act, 29 U.S.C. Sec. 3101 et seq., for the purpose of:
859 (i) coordinating services with the department;
860 (ii) evaluating the effectiveness of those activities; and
861 (iii) measuring performance;
862 (j) an employee of the Governor's Office of Economic Opportunity, for the purpose of
863 periodically publishing in the Directory of Business and Industry, the name, address, telephone
864 number, number of employees by range, code or classification of an employer, and type of
865 ownership of Utah employers;
866 (k) the public for any purpose following a written waiver by all interested parties of
867 their rights to nondisclosure;
868 (l) an individual whose wage data is submitted to the department by an employer, if no
869 information other than the individual's wage data and the identity of the employer who
870 submitted the information is provided to the individual;
871 (m) an employee of the Insurance Department for the purpose of administering Title
872 31A, Chapter 40, Professional Employer Organization Licensing Act;
873 (n) an employee of the Office of State Debt Collection for the purpose of collecting
874 state accounts receivable as provided in Section 63A-3-502; or
875 (o) a creditor, under a court order, to collect on a judgment as provided in Section
876 35A-4-314.
877 (6) Disclosure of private information under Subsection (4)(a)(ii) or Subsection (5),
878 with the exception of Subsections (5)(a), (g), and (o), may be made if:
879 (a) the division determines that the disclosure will not have a negative effect on:
880 (i) the willingness of employers to report wage and employment information; or
881 (ii) the willingness of individuals to file claims for unemployment benefits; and
882 (b) the agency enters into a written agreement with the division in accordance with
883 rules made by the department.
884 (7) (a) The employees of a division of the department other than the Workforce
885 Research and Analysis Division and the Unemployment Insurance Division or an agency
886 receiving private information from the division under this chapter are subject to the same
887 requirements of privacy and confidentiality and to the same penalties for misuse or improper
888 disclosure of the information as employees of the division.
889 (b) Use of private information obtained from the department by a person or for a
890 purpose other than one authorized in Subsection (4) or (5) violates [
891 Section 76-8-1304.
892 Section 8. Section 53-10-403 is amended to read:
893 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
894 (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
895 any person who:
896 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
897 (2)(a) or (b) on or after July 1, 2002;
898 (b) has pled guilty to or has been convicted by any other state or by the United States
899 government of an offense which if committed in this state would be punishable as one or more
900 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
901 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
902 offense under Subsection (2)(c);
903 (d) has been booked:
904 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
905 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
906 (ii) on or after January 1, 2015, for any felony offense; or
907 (e) is a minor under Subsection (3).
908 (2) Offenses referred to in Subsection (1) are:
909 (a) any felony or class A misdemeanor under the Utah Code;
910 (b) any offense under Subsection (2)(a):
911 (i) for which the court enters a judgment for conviction to a lower degree of offense
912 under Section 76-3-402; or
913 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
914 defined in Section 77-2a-1; or
915 (c) (i) any violent felony as defined in Section 53-10-403.5;
916 (ii) sale or use of body parts, Section 26B-8-315;
917 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
918 (iv) operating a motor vehicle with any amount of a controlled substance in an
919 individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
920 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
921 (v) a felony violation of enticing a minor, Section 76-4-401;
922 (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
923 (vii) a felony violation of propelling a substance or object at a correctional officer, a
924 peace officer, or an employee or a volunteer, including health care providers, Section
925 76-5-102.6;
926 (viii) negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);
927 (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
928 smuggling, Section 76-5-310.1;
929 (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
930 (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
931 (xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
932 (xiii) sale of a child, Section 76-7-203;
933 (xiv) aggravated escape, [
934 (xv) a felony violation of [
935 on an elected official, Section [
936 (xvi) [
937
938 judge or a member of the Board of Pardons and Parole or acting against a family member of a
939 judge or a member of the Board of Pardons and Parole, Section 76-8-316;
940 (xvii) assault with intent to impede, intimidate, interfere, or retaliate against a judge or
941 a member of the Board of Pardons and Parole or acting against a family member of a judge or a
942 member of the Board of Pardons and Parole, Section 76-8-316.2;
943 (xviii) aggravated assault with intent to impede, intimidate, interfere, or retaliate
944 against a judge or a member of the Board of Pardons and Parole or acting against a family
945 member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316.4;
946 (xix) attempted murder with intent to impede, intimidate, interfere, or retaliate against
947 a judge or a member of the Board of Pardons and Parole or acting against a family member of a
948 judge or a member of the Board of Pardons and Parole, Section 76-8-316.6;
949 [
950 [
951 Section 76-8-903;
952 [
953 [
954 [
955 76-9-704;
956 [
957 Section 76-10-402;
958 [
959 destruction, Section 76-10-403;
960 [
961 felony, Subsection 76-10-504(4);
962 [
963 weapon, Subsection 76-10-1504(3);
964 [
965 [
966 Section 77-41-107;
967 [
968 [
969 (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
970 by the juvenile court due to the commission of any offense described in Subsection (2), and
971 who:
972 (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
973 court on or after July 1, 2002; or
974 (b) is in the legal custody of the Division of Juvenile Justice and Youth Services on or
975 after July 1, 2002, for an offense under Subsection (2).
976 Section 9. Section 53B-3-103 is amended to read:
977 53B-3-103. Power of board to adopt rules and enact regulations.
978 (1) The board may enact regulations governing the conduct of university and college
979 students, faculty, and employees.
980 (2) (a) The board may:
981 (i) enact and authorize higher education institutions to enact traffic, parking, and
982 related regulations governing all individuals on campuses and other facilities owned or
983 controlled by the institutions or the board; and
984 (ii) acknowledging that the Legislature has the authority to regulate, by law, firearms at
985 higher education institutions:
986 (A) authorize higher education institutions to establish no more than one secure area at
987 each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise
988 restrict the lawful possession or carrying of firearms; and
989 (B) authorize a higher education institution to make a rule that allows a resident of a
990 dormitory located at the institution to request only roommates who are not licensed to carry a
991 concealed firearm under Section 53-5-704 or 53-5-705.
992 (b) In addition to the requirements and penalty prescribed in [
993
994 to ensure that:
995 (i) reasonable means such as mechanical, electronic, x-ray, or similar devices are used
996 to detect firearms, ammunition, or dangerous weapons contained in the personal property of or
997 on the person of any individual attempting to enter a secure area hearing room;
998 (ii) an individual required or requested to attend a hearing in a secure area hearing
999 room is notified in writing of the requirements related to entering a secured area hearing room
1000 under this Subsection (2)(b) and Section 76-8-311.1;
1001 (iii) the restriction of firearms, ammunition, or dangerous weapons in the secure area
1002 hearing room is in effect only during the time the secure area hearing room is in use for
1003 hearings and for a reasonable time before and after its use; and
1004 (iv) reasonable space limitations are applied to the secure area hearing room as
1005 warranted by the number of individuals involved in a typical hearing.
1006 (c) (i) The board may not require proof of vaccination as a condition for enrollment or
1007 attendance within the system of higher education unless the board allows for the following
1008 exemptions:
1009 (A) a medical exemption if the student provides to the institution a statement that the
1010 claimed exemption is for a medical reason; and
1011 (B) a personal exemption if the student provides to the institution a statement that the
1012 claimed exemption is for a personal or religious belief.
1013 (ii) An institution that offers both remote and in-person learning options may not deny
1014 a student who is exempt from a requirement to receive a vaccine under Subsection (2)(c)(i) to
1015 participate in an in-person learning option based upon the student's vaccination status.
1016 (iii) Subsections (2)(c)(i) and (ii) do not apply to a student studying in a medical setting
1017 at an institution of higher education.
1018 (iv) Nothing in this section restricts a state or local health department from acting
1019 under applicable law to contain the spread of an infectious disease.
1020 (d) (i) For purposes of this Subsection (2)(d), "face covering" means the same as that
1021 term is defined in Section 53G-9-210.
1022 (ii) The board may not require an individual to wear a face covering as a condition of
1023 attendance for in-person instruction, institution-sponsored athletics, institution-sponsored
1024 extracurricular activities, in dormitories, or in any other place on a campus of an institution
1025 within the system of higher education at any time after the end of the spring semester in 2021.
1026 (iii) Subsection (2)(d)(ii) does not apply to an individual in a medical setting at an
1027 institution of higher education.
1028 (3) The board shall enact regulations that require all testimony be given under oath
1029 during an employee grievance hearing for a non-faculty employee of an institution of higher
1030 education if the grievance hearing relates to the non-faculty employee's:
1031 (a) demotion; or
1032 (b) termination.
1033 (4) The board and institutions may enforce these rules and regulations in any
1034 reasonable manner, including the assessment of fees, fines, and forfeitures, the collection of
1035 which may be by withholding from money owed the violator, the imposition of probation,
1036 suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue
1037 certificates, degrees, and diplomas, through judicial process or any reasonable combination of
1038 these alternatives.
1039 Section 10. Section 53B-20-107 is enacted to read:
1040 53B-20-107. Powers of chief administrative officer to order individuals off an
1041 institution of higher education's property.
1042 (1) As used in this section:
1043 (a) "Chief administrative officer" means the president of an institution or an individual
1044 designated by the president.
1045 (b) "Institution of higher education" means:
1046 (i) a state institution of higher education as defined in Section 53B-3-102; or
1047 (ii) a private institution of higher education in the state accredited by a regional or
1048 national accrediting agency recognized by the United States Department of Education.
1049 (2) It is the purpose of this section to:
1050 (a) supplement and clarify the power vested in the governing board of each institution
1051 of higher education; and
1052 (b) regulate, conduct, and enforce law and order on property owned, operated, or
1053 controlled by each institution of higher education.
1054 (3) A chief administrative officer may order an individual to leave property that is
1055 owned, operated, or controlled by an institution of higher education if:
1056 (a) the individual acts, or if the chief administrative officer has reasonable cause to
1057 believe that the individual intends to act, to:
1058 (i) cause injury to an individual;
1059 (ii) cause damage to property;
1060 (iii) commit a crime;
1061 (iv) interfere with the peaceful conduct of the activities of the institution of higher
1062 education;
1063 (v) violate a rule or regulation of the institution of higher education if that rule or
1064 regulation is not in conflict with state law; or
1065 (vi) disrupt the institution of higher education, the institution's pupils, or the institution
1066 of higher education's activities; or
1067 (b) the individual is reckless as to whether the individual's actions will cause fear for
1068 the safety of another individual.
1069 (4) (a) If a law enforcement agency or security department of an institution of higher
1070 education lacks sufficient manpower to deal effectively with a condition of unrest existing or
1071 developing on a campus or related facility of the institution of higher education in the judgment
1072 of the chief administrative officer, the chief administrative officer may call for assistance from
1073 the county sheriff of the county, a city law enforcement agency, or the Department of Public
1074 Safety.
1075 (b) Upon receipt of the request under Subsection (4)(a), the county sheriff, a city law
1076 enforcement agency, or the Department of Public Safety must render all necessary assistance
1077 without expense to the institution of higher education.
1078 (c) All personnel while rendering assistance to the institution of higher education shall
1079 serve under the general direction of the chief administrative officer.
1080 (5) Nothing in this section shall limit:
1081 (a) the right or duty of a local law enforcement agency to enforce the law which the
1082 local law enforcement agency had prior to this enactment; or
1083 (b) the right of a state or local law enforcement agency to enforce the laws of this state.
1084 Section 11. Section 59-1-401 is amended to read:
1085 59-1-401. Definitions -- Offenses and penalties -- Rulemaking authority -- Statute
1086 of limitations -- Commission authority to waive, reduce, or compromise penalty or
1087 interest.
1088 (1) As used in this section:
1089 (a) "Tax, fee, or charge" means:
1090 (i) a tax, fee, or charge the commission administers under:
1091 (A) this title;
1092 (B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
1093 (C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
1094 (D) Section 19-6-410.5;
1095 (E) Section 19-6-714;
1096 (F) Section 19-6-805;
1097 (G) Section 34A-2-202;
1098 (H) Section 40-6-14; or
1099 (I) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
1100 or
1101 (ii) another amount that by statute is subject to a penalty imposed under this section.
1102 (b) "Tax, fee, or charge" does not include a tax, fee, or charge imposed under:
1103 (i) Title 41, Chapter 1a, Motor Vehicle Act, except for Section 41-1a-301;
1104 (ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
1105 (iii) Chapter 2, Property Tax Act, except for Section 59-2-1309;
1106 (iv) Chapter 3, Tax Equivalent Property Act; or
1107 (v) Chapter 4, Privilege Tax.
1108 (2) (a) The due date for filing a return is:
1109 (i) if the person filing the return is not allowed by law an extension of time for filing
1110 the return, the day on which the return is due as provided by law; or
1111 (ii) if the person filing the return is allowed by law an extension of time for filing the
1112 return, the earlier of:
1113 (A) the date the person files the return; or
1114 (B) the last day of that extension of time as allowed by law.
1115 (b) A penalty in the amount described in Subsection (2)(c) is imposed if a person files a
1116 return after the due date described in Subsection (2)(a).
1117 (c) For purposes of Subsection (2)(b), the penalty is an amount equal to the greater of:
1118 (i) $20; or
1119 (ii) (A) 2% of the unpaid tax, fee, or charge due on the return if the return is filed no
1120 later than five days after the due date described in Subsection (2)(a);
1121 (B) 5% of the unpaid tax, fee, or charge due on the return if the return is filed more
1122 than five days after the due date but no later than 15 days after the due date described in
1123 Subsection (2)(a); or
1124 (C) 10% of the unpaid tax, fee, or charge due on the return if the return is filed more
1125 than 15 days after the due date described in Subsection (2)(a).
1126 (d) This Subsection (2) does not apply to:
1127 (i) an amended return; or
1128 (ii) a return with no tax due.
1129 (3) (a) Except as provided in Subsection (15), a person is subject to a penalty for
1130 failure to pay a tax, fee, or charge if:
1131 (i) the person files a return on or before the due date for filing a return described in
1132 Subsection (2)(a), but fails to pay the tax, fee, or charge due on the return on or before that due
1133 date;
1134 (ii) the person:
1135 (A) is subject to a penalty under Subsection (2)(b); and
1136 (B) fails to pay the tax, fee, or charge due on a return within a 90-day period after the
1137 due date for filing a return described in Subsection (2)(a);
1138 (iii) (A) the person is subject to a penalty under Subsection (2)(b); and
1139 (B) the commission estimates an amount of tax due for that person in accordance with
1140 Subsection 59-1-1406(2);
1141 (iv) the person:
1142 (A) is mailed a notice of deficiency; and
1143 (B) within a 30-day period after the day on which the notice of deficiency described in
1144 Subsection (3)(a)(iv)(A) is mailed:
1145 (I) does not file a petition for redetermination or a request for agency action; and
1146 (II) fails to pay the tax, fee, or charge due on a return;
1147 (v) (A) the commission:
1148 (I) issues an order constituting final agency action resulting from a timely filed petition
1149 for redetermination or a timely filed request for agency action; or
1150 (II) is considered to have denied a request for reconsideration under Subsection
1151 63G-4-302(3)(b) resulting from a timely filed petition for redetermination or a timely filed
1152 request for agency action; and
1153 (B) the person fails to pay the tax, fee, or charge due on a return within a 30-day period
1154 after the date the commission:
1155 (I) issues the order constituting final agency action described in Subsection
1156 (3)(a)(v)(A)(I); or
1157 (II) is considered to have denied the request for reconsideration described in
1158 Subsection (3)(a)(v)(A)(II); or
1159 (vi) the person fails to pay the tax, fee, or charge within a 30-day period after the date
1160 of a final judicial decision resulting from a timely filed petition for judicial review.
1161 (b) For purposes of Subsection (3)(a), the penalty is an amount equal to the greater of:
1162 (i) $20; or
1163 (ii) (A) 2% of the unpaid tax, fee, or charge due on the return if the activated tax, fee,
1164 or charge due on the return is paid no later than five days after the due date for filing a return
1165 described in Subsection (2)(a);
1166 (B) 5% of the unpaid tax, fee, or charge due on the return if the activated tax, fee, or
1167 charge due on the return is paid more than five days after the due date for filing a return
1168 described in Subsection (2)(a) but no later than 15 days after that due date; or
1169 (C) 10% of the unpaid tax, fee, or charge due on the return if the activated tax, fee, or
1170 charge due on the return is paid more than 15 days after the due date for filing a return
1171 described in Subsection (2)(a).
1172 (4) (a) In the case of any underpayment of estimated tax or quarterly installments
1173 required by Sections 59-5-107, 59-5-207, 59-7-504, and 59-9-104, there shall be added a
1174 penalty in an amount determined by applying the interest rate provided under Section 59-1-402
1175 plus four percentage points to the amount of the underpayment for the period of the
1176 underpayment.
1177 (b) (i) For purposes of Subsection (4)(a), the amount of the underpayment shall be the
1178 excess of the required installment over the amount, if any, of the installment paid on or before
1179 the due date for the installment.
1180 (ii) The period of the underpayment shall run from the due date for the installment to
1181 whichever of the following dates is the earlier:
1182 (A) the original due date of the tax return, without extensions, for the taxable year; or
1183 (B) with respect to any portion of the underpayment, the date on which that portion is
1184 paid.
1185 (iii) For purposes of this Subsection (4), a payment of estimated tax shall be credited
1186 against unpaid required installments in the order in which the installments are required to be
1187 paid.
1188 (5) (a) Notwithstanding Subsection (2) and except as provided in Subsection (6), a
1189 person allowed by law an extension of time for filing a corporate franchise or income tax return
1190 under Chapter 7, Corporate Franchise and Income Taxes, or an individual income tax return
1191 under Chapter 10, Individual Income Tax Act, is subject to a penalty in the amount described in
1192 Subsection (5)(b) if, on or before the day on which the return is due as provided by law, not
1193 including the extension of time, the person fails to pay:
1194 (i) for a person filing a corporate franchise or income tax return under Chapter 7,
1195 Corporate Franchise and Income Taxes, the payment required by Subsection 59-7-507(1)(b); or
1196 (ii) for a person filing an individual income tax return under Chapter 10, Individual
1197 Income Tax Act, the payment required by Subsection 59-10-516(2).
1198 (b) For purposes of Subsection (5)(a), the penalty per month during the period of the
1199 extension of time for filing the return is an amount equal to 2% of the tax due on the return,
1200 unpaid as of the day on which the return is due as provided by law.
1201 (6) If a person does not file a return within an extension of time allowed by Section
1202 59-7-505 or 59-10-516, the person:
1203 (a) is not subject to a penalty in the amount described in Subsection (5)(b); and
1204 (b) is subject to a penalty in an amount equal to the sum of:
1205 (i) a late file penalty in an amount equal to the greater of:
1206 (A) $20; or
1207 (B) 10% of the tax due on the return, unpaid as of the day on which the return is due as
1208 provided by law, not including the extension of time; and
1209 (ii) a late pay penalty in an amount equal to the greater of:
1210 (A) $20; or
1211 (B) 10% of the unpaid tax due on the return, unpaid as of the day on which the return is
1212 due as provided by law, not including the extension of time.
1213 (7) (a) Additional penalties for an underpayment of a tax, fee, or charge are as provided
1214 in this Subsection (7)(a).
1215 (i) Except as provided in Subsection (7)(c), if any portion of an underpayment of a tax,
1216 fee, or charge is due to negligence, the penalty is 10% of the portion of the underpayment that
1217 is due to negligence.
1218 (ii) Except as provided in Subsection (7)(d), if any portion of an underpayment of a
1219 tax, fee, or charge is due to intentional disregard of law or rule, the penalty is 15% of the entire
1220 underpayment.
1221 (iii) If any portion of an underpayment is due to an intent to evade a tax, fee, or charge,
1222 the penalty is the greater of $500 per period or 50% of the entire underpayment.
1223 (iv) If any portion of an underpayment is due to fraud with intent to evade a tax, fee, or
1224 charge, the penalty is the greater of $500 per period or 100% of the entire underpayment.
1225 (b) If the commission determines that a person is liable for a penalty imposed under
1226 Subsection (7)(a)(ii), (iii), or (iv), the commission shall notify the person of the proposed
1227 penalty.
1228 (i) The notice of proposed penalty shall:
1229 (A) set forth the basis of the assessment; and
1230 (B) be mailed by certified mail, postage prepaid, to the person's last-known address.
1231 (ii) Upon receipt of the notice of proposed penalty, the person against whom the
1232 penalty is proposed may:
1233 (A) pay the amount of the proposed penalty at the place and time stated in the notice;
1234 or
1235 (B) proceed in accordance with the review procedures of Subsection (7)(b)(iii).
1236 (iii) A person against whom a penalty is proposed in accordance with this Subsection
1237 (7) may contest the proposed penalty by filing a petition for an adjudicative proceeding with
1238 the commission.
1239 (iv) (A) If the commission determines that a person is liable for a penalty under this
1240 Subsection (7), the commission shall assess the penalty and give notice and demand for
1241 payment.
1242 (B) The commission shall mail the notice and demand for payment described in
1243 Subsection (7)(b)(iv)(A):
1244 (I) to the person's last-known address; and
1245 (II) in accordance with Section 59-1-1404.
1246 (c) A seller that voluntarily collects a tax under Subsection 59-12-107(2)(d) is not
1247 subject to the penalty under Subsection (7)(a)(i) if on or after July 1, 2001:
1248 (i) a court of competent jurisdiction issues a final unappealable judgment or order
1249 determining that:
1250 (A) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1251 or is a seller required to pay or collect and remit sales and use taxes under Subsection
1252 59-12-107(2)(b) or (2)(c); and
1253 (B) the commission or a county, city, or town may require the seller to collect a tax
1254 under Subsections 59-12-103(2)(a) through (e); or
1255 (ii) the commission issues a final unappealable administrative order determining that:
1256 (A) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1257 or is a seller required to pay or collect and remit sales and use taxes under Subsection
1258 59-12-107(2)(b) or (2)(c); and
1259 (B) the commission or a county, city, or town may require the seller to collect a tax
1260 under Subsections 59-12-103(2)(a) through (e).
1261 (d) A seller that voluntarily collects a tax under Subsection 59-12-107(2)(d) is not
1262 subject to the penalty under Subsection (7)(a)(ii) if:
1263 (i) (A) a court of competent jurisdiction issues a final unappealable judgment or order
1264 determining that:
1265 (I) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1266 or is a seller required to pay or collect and remit sales and use taxes under Subsection
1267 59-12-107(2)(b) or (2)(c); and
1268 (II) the commission or a county, city, or town may require the seller to collect a tax
1269 under Subsections 59-12-103(2)(a) through (e); or
1270 (B) the commission issues a final unappealable administrative order determining that:
1271 (I) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1272 or is a seller required to pay or collect and remit sales and use taxes under Subsection
1273 59-12-107(2)(b) or (2)(c); and
1274 (II) the commission or a county, city, or town may require the seller to collect a tax
1275 under Subsections 59-12-103(2)(a) through (e); and
1276 (ii) the seller's intentional disregard of law or rule is warranted by existing law or by a
1277 nonfrivolous argument for the extension, modification, or reversal of existing law or the
1278 establishment of new law.
1279 (8) (a) Subject to Subsections (8)(b) and (c), the penalty for failure to file an
1280 information return, information report, or a complete supporting schedule is $50 for each
1281 information return, information report, or supporting schedule up to a maximum of $1,000.
1282 (b) If an employer is subject to a penalty under Subsection (13), the employer may not
1283 be subject to a penalty under Subsection (8)(a).
1284 (c) If an employer is subject to a penalty under this Subsection (8) for failure to file a
1285 return in accordance with Subsection 59-10-406(3) on or before the due date described in
1286 Subsection 59-10-406(3)(b)(ii), the commission may not impose a penalty under this
1287 Subsection (8) unless the return is filed more than 14 days after the due date described in
1288 Subsection 59-10-406(3)(b)(ii).
1289 (9) If a person, in furtherance of a frivolous position, has a prima facie intent to delay
1290 or impede administration of a law relating to a tax, fee, or charge and files a purported return
1291 that fails to contain information from which the correctness of reported tax, fee, or charge
1292 liability can be determined or that clearly indicates that the tax, fee, or charge liability shown is
1293 substantially incorrect, the penalty is $500.
1294 (10) (a) A seller that fails to remit a tax, fee, or charge monthly as required by
1295 Subsection 59-12-108(1)(a):
1296 (i) is subject to a penalty described in Subsection (2); and
1297 (ii) may not retain the percentage of sales and use taxes that would otherwise be
1298 allowable under Subsection 59-12-108(2).
1299 (b) A seller that fails to remit a tax, fee, or charge by electronic funds transfer as
1300 required by Subsection 59-12-108(1)(a)(ii)(B):
1301 (i) is subject to a penalty described in Subsection (2); and
1302 (ii) may not retain the percentage of sales and use taxes that would otherwise be
1303 allowable under Subsection 59-12-108(2).
1304 (11) (a) A person is subject to the penalty provided in Subsection (11)(c) if that person:
1305 (i) commits an act described in Subsection (11)(b) with respect to one or more of the
1306 following documents:
1307 (A) a return;
1308 (B) an affidavit;
1309 (C) a claim; or
1310 (D) a document similar to Subsections (11)(a)(i)(A) through (C);
1311 (ii) knows or has reason to believe that the document described in Subsection (11)(a)(i)
1312 will be used in connection with any material matter administered by the commission; and
1313 (iii) knows that the document described in Subsection (11)(a)(i), if used in connection
1314 with any material matter administered by the commission, would result in an understatement of
1315 another person's liability for a tax, fee, or charge.
1316 (b) The following acts apply to Subsection (11)(a)(i):
1317 (i) preparing any portion of a document described in Subsection (11)(a)(i);
1318 (ii) presenting any portion of a document described in Subsection (11)(a)(i);
1319 (iii) procuring any portion of a document described in Subsection (11)(a)(i);
1320 (iv) advising in the preparation or presentation of any portion of a document described
1321 in Subsection (11)(a)(i);
1322 (v) aiding in the preparation or presentation of any portion of a document described in
1323 Subsection (11)(a)(i);
1324 (vi) assisting in the preparation or presentation of any portion of a document described
1325 in Subsection (11)(a)(i); or
1326 (vii) counseling in the preparation or presentation of any portion of a document
1327 described in Subsection (11)(a)(i).
1328 (c) For purposes of Subsection (11)(a), the penalty:
1329 (i) shall be imposed by the commission;
1330 (ii) is $500 for each document described in Subsection (11)(a)(i) with respect to which
1331 the person described in Subsection (11)(a) meets the requirements of Subsection (11)(a); and
1332 (iii) is in addition to any other penalty provided by law.
1333 (d) The commission may seek a court order to enjoin a person from engaging in
1334 conduct that is subject to a penalty under this Subsection (11).
1335 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1336 commission may make rules prescribing the documents that are similar to Subsections
1337 (11)(a)(i)(A) through (C).
1338 (12) (a) [
1339 are [
1340 (b) (i) A person who is required by this title or any laws the commission administers or
1341 regulates to register with or obtain a license or permit from the commission, who operates
1342 without having registered or secured a license or permit, or who operates when the registration,
1343 license, or permit is expired or not current, is guilty of a class B misdemeanor.
1344 (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(b)(i), the
1345 penalty may not:
1346 (A) be less than $500; or
1347 (B) exceed $1,000.
1348 (c) (i) With respect to a tax, fee, or charge, a person who knowingly and intentionally,
1349 and without a reasonable good faith basis, fails to make, render, sign, or verify a return within
1350 the time required by law or to supply information within the time required by law, or who
1351 makes, renders, signs, or verifies a false or fraudulent return or statement, or who supplies false
1352 or fraudulent information, is guilty of a third degree felony.
1353 (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(c)(i), the
1354 penalty may not:
1355 (A) be less than $1,000; or
1356 (B) exceed $5,000.
1357 (d) (i) A person who intentionally or willfully attempts to evade or defeat a tax, fee, or
1358 charge or the payment of a tax, fee, or charge is, in addition to other penalties provided by law,
1359 guilty of a second degree felony.
1360 (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(d)(i), the
1361 penalty may not:
1362 (A) be less than $1,500; or
1363 (B) exceed $25,000.
1364 (e) (i) A person is guilty of a second degree felony if that person commits an act:
1365 (A) described in Subsection (12)(e)(ii) with respect to one or more of the following
1366 documents:
1367 (I) a return;
1368 (II) an affidavit;
1369 (III) a claim; or
1370 (IV) a document similar to Subsections (12)(e)(i)(A)(I) through (III); and
1371 (B) subject to Subsection (12)(e)(iii), with knowledge that the document described in
1372 Subsection (12)(e)(i)(A):
1373 (I) is false or fraudulent as to any material matter; and
1374 (II) could be used in connection with any material matter administered by the
1375 commission.
1376 (ii) The following acts apply to Subsection (12)(e)(i):
1377 (A) preparing any portion of a document described in Subsection (12)(e)(i)(A);
1378 (B) presenting any portion of a document described in Subsection (12)(e)(i)(A);
1379 (C) procuring any portion of a document described in Subsection (12)(e)(i)(A);
1380 (D) advising in the preparation or presentation of any portion of a document described
1381 in Subsection (12)(e)(i)(A);
1382 (E) aiding in the preparation or presentation of any portion of a document described in
1383 Subsection (12)(e)(i)(A);
1384 (F) assisting in the preparation or presentation of any portion of a document described
1385 in Subsection (12)(e)(i)(A); or
1386 (G) counseling in the preparation or presentation of any portion of a document
1387 described in Subsection (12)(e)(i)(A).
1388 (iii) This Subsection (12)(e) applies:
1389 (A) regardless of whether the person for which the document described in Subsection
1390 (12)(e)(i)(A) is prepared or presented:
1391 (I) knew of the falsity of the document described in Subsection (12)(e)(i)(A); or
1392 (II) consented to the falsity of the document described in Subsection (12)(e)(i)(A); and
1393 (B) in addition to any other penalty provided by law.
1394 (iv) Notwithstanding Section 76-3-301, for purposes of this Subsection (12)(e), the
1395 penalty may not:
1396 (A) be less than $1,500; or
1397 (B) exceed $25,000.
1398 (v) The commission may seek a court order to enjoin a person from engaging in
1399 conduct that is subject to a penalty under this Subsection (12)(e).
1400 (vi) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1401 the commission may make rules prescribing the documents that are similar to Subsections
1402 (12)(e)(i)(A)(I) through (III).
1403 (f) The statute of limitations for prosecution for a violation of this Subsection (12) is
1404 the later of six years:
1405 (i) from the date the tax should have been remitted; or
1406 (ii) after the day on which the person commits the criminal offense.
1407 (13) (a) Subject to Subsection (13)(b), an employer that is required to file a form with
1408 the commission in accordance with Subsection 59-10-406(8) or (9) is subject to a penalty
1409 described in Subsection (13)(b) if the employer:
1410 (i) fails to file the form with the commission in an electronic format approved by the
1411 commission as required by Subsection 59-10-406(8) or (9);
1412 (ii) fails to file the form on or before the due date provided in Subsection 59-10-406(8)
1413 or (9);
1414 (iii) fails to provide accurate information on the form; or
1415 (iv) fails to provide all of the information required by the Internal Revenue Service to
1416 be contained on the form.
1417 (b) For purposes of Subsection (13)(a), the penalty is:
1418 (i) $30 per form, not to exceed $75,000 in a calendar year, if the employer files the
1419 form in accordance with Subsection 59-10-406(8) or (9), more than 14 days after the due date
1420 provided in Subsection 59-10-406(8) or (9) but no later than 30 days after the due date
1421 provided in Subsection 59-10-406(8) or (9);
1422 (ii) $60 per form, not to exceed $200,000 in a calendar year, if the employer files the
1423 form in accordance with Subsection 59-10-406(8) or (9), more than 30 days after the due date
1424 provided in Subsection 59-10-406(8) or (9) but on or before June 1; or
1425 (iii) $100 per form, not to exceed $500,000 in a calendar year, if the employer:
1426 (A) files the form in accordance with Subsection 59-10-406(8) or (9) after June 1; or
1427 (B) fails to file the form.
1428 (14) Upon making a record of the commission's actions, and upon reasonable cause
1429 shown, the commission may waive, reduce, or compromise any of the penalties or interest
1430 imposed under this part.
1431 (15) Failure to pay a tax described in Subsection 59-10-1403.2(2) shall be subject to a
1432 penalty as described in Subsection (3) except that the penalty shall be:
1433 (a) assessed only if the pass-through entity reports tax paid on a Utah Schedule K-1 but
1434 does not pay some or all of the tax reported; and
1435 (b) calculated based on the difference between the amount of tax reported and the
1436 amount of tax paid.
1437 Section 12. Section 63G-12-402 is amended to read:
1438 63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
1439 Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
1440 (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
1441 agency or political subdivision of the state shall verify the lawful presence in the United States
1442 of an individual at least 18 years old who applies for:
1443 (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
1444 (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
1445 agency or political subdivision of this state.
1446 (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
1447 Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
1448 Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
1449 States of each individual who:
1450 (i) owns an interest in the contractor that is an unincorporated entity; and
1451 (ii) engages, or will engage, in a construction trade in Utah as an owner of the
1452 contractor described in Subsection (1)(b)(i).
1453 (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
1454 national origin.
1455 (3) Verification of lawful presence under this section is not required for:
1456 (a) any purpose for which lawful presence in the United States is not restricted by law,
1457 ordinance, or regulation;
1458 (b) assistance for health care items and services that:
1459 (i) are necessary for the treatment of an emergency medical condition, as defined in 42
1460 U.S.C. Sec. 1396b(v)(3), of the individual involved; and
1461 (ii) are not related to an organ transplant procedure;
1462 (c) short-term, noncash, in-kind emergency disaster relief;
1463 (d) public health assistance for immunizations with respect to immunizable diseases
1464 and for testing and treatment of symptoms of communicable diseases whether or not the
1465 symptoms are caused by the communicable disease;
1466 (e) programs, services, or assistance such as soup kitchens, crisis counseling and
1467 intervention, and short-term shelter, specified by the United States Attorney General, in the
1468 sole and unreviewable discretion of the United States Attorney General after consultation with
1469 appropriate federal agencies and departments, that:
1470 (i) deliver in-kind services at the community level, including through public or private
1471 nonprofit agencies;
1472 (ii) do not condition the provision of assistance, the amount of assistance provided, or
1473 the cost of assistance provided on the income or resources of the individual recipient; and
1474 (iii) are necessary for the protection of life or safety;
1475 (f) the exemption for paying the nonresident portion of total tuition as set forth in
1476 Section 53B-8-106;
1477 (g) an applicant for a license under Section 61-1-4, if the applicant:
1478 (i) is registered with the Financial Industry Regulatory Authority; and
1479 (ii) files an application with the state Division of Securities through the Central
1480 Registration Depository;
1481 (h) a state public benefit to be given to an individual under Title 49, Utah State
1482 Retirement and Insurance Benefit Act;
1483 (i) a home loan that will be insured, guaranteed, or purchased by:
1484 (i) the Federal Housing Administration, the Veterans Administration, or any other
1485 federal agency; or
1486 (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
1487 (j) a subordinate loan or a grant that will be made to an applicant in connection with a
1488 home loan that does not require verification under Subsection (3)(i);
1489 (k) an applicant for a license issued by the Department of Commerce or individual
1490 described in Subsection (1)(b), if the applicant or individual provides the Department of
1491 Commerce:
1492 (i) certification, under penalty of perjury, that the applicant or individual is:
1493 (A) a United States citizen;
1494 (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
1495 (C) lawfully present in the United States; and
1496 (ii) (A) the number assigned to a driver license or identification card issued under Title
1497 53, Chapter 3, Uniform Driver License Act; or
1498 (B) the number assigned to a driver license or identification card issued by a state other
1499 than Utah if, as part of issuing the driver license or identification card, the state verifies an
1500 individual's lawful presence in the United States; and
1501 (l) an applicant for:
1502 (i) an Opportunity scholarship described in Title 53B, Chapter 8, Part 2, Regents'
1503 Scholarship Program;
1504 (ii) a New Century scholarship described in Section 53B-8-105;
1505 (iii) a promise grant described in Section 53B-13a-104; or
1506 (iv) a scholarship:
1507 (A) for an individual who is a graduate of a high school located within Utah; and
1508 (B) administered by an institution of higher education as defined in Section 53B-2-101.
1509 (4) (a) An agency or political subdivision required to verify the lawful presence in the
1510 United States of an applicant under this section shall require the applicant to certify under
1511 penalty of perjury that:
1512 (i) the applicant is a United States citizen; or
1513 (ii) the applicant is:
1514 (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
1515 (B) lawfully present in the United States.
1516 (b) The certificate required under this Subsection (4) shall include a statement advising
1517 the signer that providing false information subjects the signer to penalties for perjury.
1518 (5) An agency or political subdivision shall verify a certification required under
1519 Subsection (4)(a)(ii) through the federal SAVE program.
1520 (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
1521 fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
1522 to the criminal penalties applicable in this state for:
1523 (i) making a written false statement under Section 76-8-504; and
1524 (ii) fraudulently obtaining:
1525 (A) public assistance program benefits under [
1526 Section 76-8-1203.1; or
1527 (B) unemployment compensation under Section 76-8-1301, 76-8-1302, 76-8-1303, or
1528 76-8-1304.
1529 (b) If the certification constitutes a false claim of United States citizenship under 18
1530 U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
1531 States Attorney General for the applicable district based upon the venue in which the
1532 application was made.
1533 (c) If an agency or political subdivision receives verification that a person making an
1534 application for a benefit, service, or license is not a qualified alien, the agency or political
1535 subdivision shall provide the information to the Office of the Attorney General unless
1536 prohibited by federal mandate.
1537 (7) An agency or political subdivision may adopt variations to the requirements of this
1538 section that:
1539 (a) clearly improve the efficiency of or reduce delay in the verification process; or
1540 (b) provide for adjudication of unique individual circumstances where the verification
1541 procedures in this section would impose an unusual hardship on a legal resident of Utah.
1542 (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
1543 local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
1544 (9) A state agency or department that administers a program of state or local public
1545 benefits shall:
1546 (a) provide an annual report to the governor, the president of the Senate, and the
1547 speaker of the House regarding its compliance with this section; and
1548 (b) (i) monitor the federal SAVE program for application verification errors and
1549 significant delays;
1550 (ii) provide an annual report on the errors and delays to ensure that the application of
1551 the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
1552 of the state; and
1553 (iii) report delays and errors in the federal SAVE program to the United States
1554 Department of Homeland Security.
1555 Section 13. Section 64-13-14.5 is amended to read:
1556 64-13-14.5. Limits of confinement place -- Release status -- Work release.
1557 (1) The department may extend the limits of the place of confinement of an inmate
1558 when, as established by department policies and procedures, there is cause to believe the
1559 inmate will honor the trust, by authorizing the inmate under prescribed conditions:
1560 (a) to leave temporarily for purposes specified by department policies and procedures
1561 to visit specifically designated places for a period not to exceed 30 days;
1562 (b) to participate in a voluntary training program in the community while housed at a
1563 correctional facility or to work at paid employment;
1564 (c) to be housed in a nonsecure community correctional center operated by the
1565 department; or
1566 (d) to be housed in any other facility under contract with the department.
1567 (2) The department shall establish rules governing offenders on release status. A copy
1568 of the rules shall be furnished to the offender and to any employer or other person participating
1569 in the offender's release program. Any employer or other participating person shall agree in
1570 writing to abide by the rules and to notify the department of the offender's discharge or other
1571 release from a release program activity, or of any violation of the rules governing release status.
1572 (3) The willful failure of an inmate to remain within the extended limits of his
1573 confinement or to return within the time prescribed to an institution or facility designated by
1574 the department is an escape from custody.
1575 (4) If an offender is arrested for the commission of a crime, the arresting authority shall
1576 immediately notify the department of the arrest.
1577 (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
1578 upon offenders who violate guidelines established by the Utah Sentencing Commission,
1579 including prosecution for escape under Section 76-8-309 or 76-8-309.1 and for unauthorized
1580 absence.
1581 (6) An inmate who is housed at a nonsecure correctional facility and on work release
1582 may not be required to work for less than the current federally established minimum wage, or
1583 under substandard working conditions.
1584 Section 14. Section 76-1-301 is amended to read:
1585 76-1-301. Offenses for which prosecution may be commenced at any time.
1586 (1) As used in this section:
1587 (a) "Aggravating offense" means any offense incident to which a homicide was
1588 committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b).
1589 (b) "Predicate offense" means an offense described in Subsection 76-5-203(1)(a) if a
1590 person other than a party as defined in Section 76-2-202 was killed in the course of the
1591 commission, attempted commission, or immediate flight from the commission or attempted
1592 commission of the offense.
1593 (2) Notwithstanding any other provisions of this code, prosecution for the following
1594 offenses may be commenced at any time:
1595 (a) an offense classified as a capital felony under Section 76-3-103;
1596 (b) aggravated murder under Section 76-5-202;
1597 (c) murder under Section 76-5-203;
1598 (d) manslaughter under Section 76-5-205;
1599 (e) child abuse homicide under Section 76-5-208;
1600 (f) aggravated kidnapping under Section 76-5-302;
1601 (g) child kidnapping under Section 76-5-301.1;
1602 (h) rape under Section 76-5-402;
1603 (i) rape of a child under Section 76-5-402.1;
1604 (j) object rape under Section 76-5-402.2;
1605 (k) object rape of a child under Section 76-5-402.3;
1606 (l) forcible sodomy under Section 76-5-403;
1607 (m) sodomy on a child under Section 76-5-403.1;
1608 (n) sexual abuse of a child under Section 76-5-404.1;
1609 (o) aggravated sexual abuse of a child under Section 76-5-404.3;
1610 (p) aggravated sexual assault under Section 76-5-405;
1611 (q) any predicate offense to a murder or aggravating offense to an aggravated murder;
1612 (r) aggravated human trafficking [
1613 under Section 76-5-310;
1614 (s) aggravated human smuggling under Section 76-5-310.1;
1615 [
1616 76-10-1306; or
1617 [
1618 Section 15. Section 76-3-203.1 is amended to read:
1619 76-3-203.1. Offenses committed in concert with three or more persons or in
1620 relation to a criminal street gang -- Notice -- Enhanced penalties.
1621 (1) As used in this section:
1622 (a) "Criminal street gang" means the same as that term is defined in Section 76-9-802.
1623 (b) "In concert with three or more persons" means:
1624 (i) the defendant was aided or encouraged by at least three other persons in committing
1625 the offense and was aware of this aid or encouragement; and
1626 (ii) each of the other persons:
1627 (A) was physically present; and
1628 (B) participated as a party to any offense listed in Subsection (4), (5), or (6).
1629 (c) "In concert with three or more persons" means, regarding intent:
1630 (i) other persons participating as parties need not have the intent to engage in the same
1631 offense or degree of offense as the defendant; and
1632 (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
1633 minor were an adult.
1634 (2) A person who commits any offense in accordance with this section is subject to an
1635 enhanced penalty as provided in Subsection (4), (5), or (6) if the trier of fact finds beyond a
1636 reasonable doubt that the person acted:
1637 (a) in concert with three or more persons;
1638 (b) for the benefit of, at the direction of, or in association with any criminal street gang
1639 as defined in Section 76-9-802; or
1640 (c) to gain recognition, acceptance, membership, or increased status with a criminal
1641 street gang as defined in Section 76-9-802.
1642 (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
1643 be subscribed upon the information or indictment notice that the defendant is subject to the
1644 enhanced penalties provided under this section.
1645 (4) (a) For an offense listed in Subsection (4)(b), a person may be charged as follows:
1646 (i) for a class B misdemeanor, as a class A misdemeanor; and
1647 (ii) for a class A misdemeanor, as a third degree felony.
1648 (b) The following offenses are subject to Subsection (4)(a):
1649 (i) criminal mischief as described in Section 76-6-106;
1650 (ii) property damage or destruction as described in Section 76-6-106.1; and
1651 (iii) defacement by graffiti as described in Section 76-6-107.
1652 (5) (a) For an offense listed in Subsection (5)(b), a person may be charged as follows:
1653 (i) for a class B misdemeanor, as a class A misdemeanor;
1654 (ii) for a class A misdemeanor, as a third degree felony; and
1655 (iii) for a third degree felony, as a second degree felony.
1656 (b) The following offenses are subject to Subsection (5)(a):
1657 (i) burglary, if committed in a dwelling as defined in Subsection 76-6-202(3)(b);
1658 (ii) any offense of obstructing government operations under Chapter 8, Part 3,
1659 Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, 76-8-307,
1660 76-8-308, and 76-8-312;
1661 (iii) tampering with a witness [
1662 (iv) retaliation against a witness, victim, or informant, or other violation of Section
1663 76-8-508.3;
1664 (v) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
1665 [
1666 76-8-509;
1667 [
1668 [
1669 (6) (a) For an offense listed in Subsection (6)(b), a person may be charged as follows:
1670 (i) for a class B misdemeanor, as a class A misdemeanor;
1671 (ii) for a class A misdemeanor, as a third degree felony;
1672 (iii) for a third degree felony, as a second degree felony; and
1673 (iv) for a second degree felony, as a first degree felony.
1674 (b) The following offenses are subject to Subsection (6)(a):
1675 (i) assault and related offenses under Chapter 5, Part 1, Assault and Related Offenses;
1676 (ii) any criminal homicide offense under Chapter 5, Part 2, Criminal Homicide;
1677 (iii) kidnapping and related offenses under Chapter 5, Part 3, Kidnapping, Trafficking,
1678 and Smuggling;
1679 (iv) any felony sexual offense under Chapter 5, Part 4, Sexual Offenses;
1680 (v) sexual exploitation of a minor as defined in Section 76-5b-201;
1681 (vi) aggravated sexual exploitation of a minor as defined in Section 76-5b-201.1;
1682 (vii) robbery and aggravated robbery under Chapter 6, Part 3, Robbery; and
1683 (viii) aggravated exploitation of prostitution under Section 76-10-1306.
1684 (7) The sentence imposed under Subsection (4), (5), or (6) may be suspended and the
1685 individual placed on probation for the higher level of offense.
1686 (8) It is not a bar to imposing the enhanced penalties under this section that the persons
1687 with whom the actor is alleged to have acted in concert are not identified, apprehended,
1688 charged, or convicted, or that any of those persons are charged with or convicted of a different
1689 or lesser offense.
1690 Section 16. Section 76-3-203.3 is amended to read:
1691 76-3-203.3. Penalty for hate crimes -- Civil rights violation.
1692 As used in this section:
1693 (1) "Primary offense" means those offenses provided in Subsection (4).
1694 (2) (a) A person who commits any primary offense with the intent to intimidate or
1695 terrorize another person or with reason to believe that his action would intimidate or terrorize
1696 that person is subject to Subsection (2)(b).
1697 (b) (i) A class C misdemeanor primary offense is a class B misdemeanor; and
1698 (ii) a class B misdemeanor primary offense is a class A misdemeanor.
1699 (3) "Intimidate or terrorize" means an act which causes the person to fear for his
1700 physical safety or damages the property of that person or another. The act must be
1701 accompanied with the intent to cause or has the effect of causing a person to reasonably fear to
1702 freely exercise or enjoy any right secured by the Constitution or laws of the state or by the
1703 Constitution or laws of the United States.
1704 (4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:
1705 (a) assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-106,
1706 76-5-107, and 76-5-108;
1707 (b) any misdemeanor property destruction offense under Sections 76-6-102 and
1708 76-6-104, and Subsection 76-6-106(2)(a);
1709 (c) any criminal trespass offense under Sections 76-6-204 and 76-6-206;
1710 (d) any misdemeanor theft offense under Section 76-6-412;
1711 (e) any offense of obstructing government operations under Sections 76-8-301,
1712 76-8-301.2, 76-8-302, 76-8-305, 76-8-306, 76-8-307, 76-8-308, 76-8-309.2, and 76-8-313;
1713 (f) any offense of interfering or intending to interfere with activities of colleges and
1714 universities under Title 76, Chapter 8, Part 7, Colleges and Universities;
1715 (g) any misdemeanor offense against public order and decency as defined in Title 76,
1716 Chapter 9, Part 1, Breaches of the Peace and Related Offenses;
1717 (h) any telephone abuse offense under Title 76, Chapter 9, Part 2, Electronic
1718 Communication and Telephone Abuse;
1719 (i) any cruelty to animals offense under Section 76-9-301;
1720 (j) any weapons offense under Section 76-10-506; or
1721 (k) a violation of Section 76-9-102, if the violation occurs at an official meeting.
1722 (5) This section does not affect or limit any individual's constitutional right to the
1723 lawful expression of free speech or other recognized rights secured by the Constitution or laws
1724 of the state or by the Constitution or laws of the United States.
1725 Section 17. Section 76-3-203.5 is amended to read:
1726 76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
1727 (1) As used in this section:
1728 (a) "Felony" means any violation of a criminal statute of the state, any other state, the
1729 United States, or any district, possession, or territory of the United States for which the
1730 maximum punishment the offender may be subjected to exceeds one year in prison.
1731 (b) "Habitual violent offender" means a person convicted within the state of any violent
1732 felony and who on at least two previous occasions has been convicted of a violent felony and
1733 committed to either prison in Utah or an equivalent correctional institution of another state or
1734 of the United States either at initial sentencing or after revocation of probation.
1735 (c) "Violent felony" means:
1736 (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
1737 any of the following offenses punishable as a felony:
1738 (A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
1739 Chapter 6, Part 1, Property Destruction;
1740 (B) assault by prisoner, Section 76-5-102.5;
1741 (C) disarming a police officer, Section 76-5-102.8;
1742 (D) aggravated assault, Section 76-5-103;
1743 (E) aggravated assault by prisoner, Section 76-5-103.5;
1744 (F) mayhem, Section 76-5-105;
1745 (G) stalking, Subsection 76-5-106.5(2);
1746 (H) threat of terrorism, Section 76-5-107.3;
1747 (I) aggravated child abuse, Subsection 76-5-109.2(3)(a) or (b);
1748 (J) commission of domestic violence in the presence of a child, Section 76-5-114;
1749 (K) abuse or neglect of a child with a disability, Section 76-5-110;
1750 (L) abuse or exploitation of a vulnerable adult, Section 76-5-111, 76-5-111.2,
1751 76-5-111.3, or 76-5-111.4;
1752 (M) endangerment of a child or vulnerable adult, Section 76-5-112.5;
1753 (N) criminal homicide offenses under Chapter 5, Part 2, Criminal Homicide;
1754 (O) kidnapping, child kidnapping, and aggravated kidnapping under Chapter 5, Part 3,
1755 Kidnapping, Trafficking, and Smuggling;
1756 (P) rape, Section 76-5-402;
1757 (Q) rape of a child, Section 76-5-402.1;
1758 (R) object rape, Section 76-5-402.2;
1759 (S) object rape of a child, Section 76-5-402.3;
1760 (T) forcible sodomy, Section 76-5-403;
1761 (U) sodomy on a child, Section 76-5-403.1;
1762 (V) forcible sexual abuse, Section 76-5-404;
1763 (W) sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child,
1764 Section 76-5-404.3;
1765 (X) aggravated sexual assault, Section 76-5-405;
1766 (Y) sexual exploitation of a minor, Section 76-5b-201;
1767 (Z) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
1768 (AA) sexual exploitation of a vulnerable adult, Section 76-5b-202;
1769 (BB) aggravated burglary and burglary of a dwelling under Chapter 6, Part 2, Burglary
1770 and Criminal Trespass;
1771 (CC) aggravated robbery and robbery under Chapter 6, Part 3, Robbery;
1772 (DD) theft by extortion under Section 76-6-406 under the circumstances described in
1773 Subsection 76-6-406(1)(a)(i) or (ii);
1774 (EE) tampering with a witness under [
1775 (FF) retaliation against a witness, victim, or informant under Section 76-8-508.3;
1776 (GG) tampering [
1777 (HH) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any
1778 threat or by use of force theft by extortion has been committed under Section 76-6-406 under
1779 the circumstances described in Subsection 76-6-406(1)(a)(i), (ii), or (ix);
1780 (II) possession, use, or removal of explosive, chemical, or incendiary devices under
1781 Subsections 76-10-306(3) through (6);
1782 (JJ) unlawful delivery of explosive, chemical, or incendiary devices under Section
1783 76-10-307;
1784 (KK) purchase or possession of a dangerous weapon or handgun by a restricted person
1785 under Section 76-10-503;
1786 (LL) unlawful discharge of a firearm under Section 76-10-508;
1787 (MM) aggravated exploitation of prostitution under Subsection 76-10-1306(1)(a);
1788 (NN) bus hijacking under Section 76-10-1504; and
1789 (OO) discharging firearms and hurling missiles under Section 76-10-1505; or
1790 (ii) any felony violation of a criminal statute of any other state, the United States, or
1791 any district, possession, or territory of the United States which would constitute a violent
1792 felony as defined in this Subsection (1) if committed in this state.
1793 (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
1794 trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
1795 under this section, the penalty for a:
1796 (a) third degree felony is as if the conviction were for a first degree felony;
1797 (b) second degree felony is as if the conviction were for a first degree felony; or
1798 (c) first degree felony remains the penalty for a first degree penalty except:
1799 (i) the convicted person is not eligible for probation; and
1800 (ii) the Board of Pardons and Parole shall consider that the convicted person is a
1801 habitual violent offender as an aggravating factor in determining the length of incarceration.
1802 (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
1803 provide notice in the information or indictment that the defendant is subject to punishment as a
1804 habitual violent offender under this section. Notice shall include the case number, court, and
1805 date of conviction or commitment of any case relied upon by the prosecution.
1806 (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
1807 intends to deny that:
1808 (A) the defendant is the person who was convicted or committed;
1809 (B) the defendant was represented by counsel or had waived counsel; or
1810 (C) the defendant's plea was understandingly or voluntarily entered.
1811 (ii) The notice of denial shall be served not later than five days prior to trial and shall
1812 state in detail the defendant's contention regarding the previous conviction and commitment.
1813 (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
1814 a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
1815 of the:
1816 (i) defendant's previous convictions for violent felonies, except as otherwise provided
1817 in the Utah Rules of Evidence; or
1818 (ii) allegation against the defendant of being a habitual violent offender.
1819 (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
1820 being an habitual violent offender by the same jury, if practicable, unless the defendant waives
1821 the jury, in which case the allegation shall be tried immediately to the court.
1822 (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
1823 applies.
1824 (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
1825 and the defendant shall be afforded an opportunity to present any necessary additional
1826 evidence.
1827 (iii) Before sentencing under this section, the trier of fact shall determine whether this
1828 section is applicable beyond a reasonable doubt.
1829 (d) If any previous conviction and commitment is based upon a plea of guilty or no
1830 contest, there is a rebuttable presumption that the conviction and commitment were regular and
1831 lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
1832 conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
1833 to establish by a preponderance of the evidence that the defendant was then represented by
1834 counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
1835 was understandingly and voluntarily entered.
1836 (e) If the trier of fact finds this section applicable, the court shall enter that specific
1837 finding on the record and shall indicate in the order of judgment and commitment that the
1838 defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
1839 under this section.
1840 (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
1841 provisions of this section.
1842 (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
1843 Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 4, Sexual
1844 Offenses, to determine if the convicted person is a habitual violent offender.
1845 (6) The sentencing enhancement described in this section does not apply if:
1846 (a) the offense for which the person is being sentenced is:
1847 (i) a grievous sexual offense;
1848 (ii) child kidnapping, Section 76-5-301.1;
1849 (iii) aggravated kidnapping, Section 76-5-302; or
1850 (iv) forcible sexual abuse, Section 76-5-404; and
1851 (b) applying the sentencing enhancement provided for in this section would result in a
1852 lower maximum penalty than the penalty provided for under the section that describes the
1853 offense for which the person is being sentenced.
1854 Section 18. Section 76-3-406 is amended to read:
1855 76-3-406. Crimes for which probation, suspension of sentence, lower category of
1856 offense, or hospitalization may not be granted.
1857 (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
1858 Commitment and Treatment of Individuals with a Mental Condition, except as provided in
1859 Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), probation may not be granted, the
1860 execution or imposition of sentence may not be suspended, the court may not enter a judgment
1861 for a lower category of offense, and hospitalization may not be ordered, the effect of which
1862 would in any way shorten the prison sentence for an individual who commits a capital felony or
1863 a first degree felony involving:
1864 (a) Section 76-5-202, aggravated murder;
1865 (b) Section 76-5-203, murder;
1866 (c) Section 76-5-301.1, child kidnaping;
1867 (d) Section 76-5-302, aggravated kidnaping;
1868 (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
1869 76-5-402(3)(b), (3)(c), or (4);
1870 (f) Section 76-5-402.1, rape of a child;
1871 (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
1872 76-5-402.2(3)(b), (3)(c), or (4);
1873 (h) Section 76-5-402.3, object rape of a child;
1874 (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
1875 76-5-403(3)(b), (3)(c), or (4);
1876 (j) Section 76-5-403.1, sodomy on a child;
1877 (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
1878 Subsection 76-5-404(3)(b)(i) or (ii);
1879 (l) Section 76-5-404.1, sexual abuse of a child;
1880 [
1881 [
1882 [
1883 (2) Except for an offense before the district court in accordance with Section 80-6-502
1884 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
1885 defendant:
1886 (a) was under 18 years old at the time of the offense; and
1887 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
1888 delayed filing of the information.
1889 Section 19. Section 76-5-203 is amended to read:
1890 76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation --
1891 Separate offenses.
1892 (1) (a) As used in this section, "predicate offense" means:
1893 (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
1894 (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused
1895 individual is younger than 18 years old;
1896 (iii) kidnapping under Section 76-5-301;
1897 (iv) child kidnapping under Section 76-5-301.1;
1898 (v) aggravated kidnapping under Section 76-5-302;
1899 (vi) rape under Section 76-5-402;
1900 (vii) rape of a child under Section 76-5-402.1;
1901 (viii) object rape under Section 76-5-402.2;
1902 (ix) object rape of a child under Section 76-5-402.3;
1903 (x) forcible sodomy under Section 76-5-403;
1904 (xi) sodomy upon a child under Section 76-5-403.1;
1905 (xii) forcible sexual abuse under Section 76-5-404;
1906 (xiii) sexual abuse of a child under Section 76-5-404.1;
1907 (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
1908 (xv) aggravated sexual assault under Section 76-5-405;
1909 (xvi) arson under Section 76-6-102;
1910 (xvii) aggravated arson under Section 76-6-103;
1911 (xviii) burglary under Section 76-6-202;
1912 (xix) aggravated burglary under Section 76-6-203;
1913 (xx) robbery under Section 76-6-301;
1914 (xxi) aggravated robbery under Section 76-6-302;
1915 (xxii) escape [
1916 (xxiii) aggravated escape under Section 76-8-309.1; or
1917 [
1918 discharge of a firearm or dangerous weapon.
1919 (b) Terms defined in Section 76-1-101.5 apply to this section.
1920 (2) An actor commits murder if:
1921 (a) the actor intentionally or knowingly causes the death of another individual;
1922 (b) intending to cause serious bodily injury to another individual, the actor commits an
1923 act clearly dangerous to human life that causes the death of the other individual;
1924 (c) acting under circumstances evidencing a depraved indifference to human life, the
1925 actor knowingly engages in conduct that creates a grave risk of death to another individual and
1926 thereby causes the death of the other individual;
1927 (d) (i) the actor is engaged in the commission, attempted commission, or immediate
1928 flight from the commission or attempted commission of any predicate offense, or is a party to
1929 the predicate offense;
1930 (ii) an individual other than a party described in Section 76-2-202 is killed in the
1931 course of the commission, attempted commission, or immediate flight from the commission or
1932 attempted commission of any predicate offense; and
1933 (iii) the actor acted with the intent required as an element of the predicate offense;
1934 (e) the actor recklessly causes the death of a peace officer or military service member
1935 in uniform while in the commission or attempted commission of:
1936 (i) an assault against a peace officer under Section 76-5-102.4;
1937 (ii) interference with a peace officer while making a lawful arrest under Section
1938 76-8-305 if the actor uses force against the peace officer; or
1939 (iii) an assault against a military service member in uniform under Section 76-5-102.4;
1940 or
1941 (f) the actor commits a homicide that would be aggravated murder, but the offense is
1942 reduced in accordance with Subsection 76-5-202(4).
1943 (3) (a) (i) A violation of Subsection (2) is a first degree felony.
1944 (ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an
1945 indeterminate term of not less than 15 years and which may be for life.
1946 (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
1947 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
1948 doubt, and also finds that the existence of special mitigation is established by a preponderance
1949 of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of
1950 conviction as follows:
1951 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
1952 judgment of conviction for manslaughter; or
1953 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
1954 notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of
1955 conviction for attempted manslaughter.
1956 (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
1957 defendant caused the death of another individual or attempted to cause the death of another
1958 individual under a reasonable belief that the circumstances provided a legal justification or
1959 excuse for the conduct although the conduct was not legally justifiable or excusable under the
1960 existing circumstances.
1961 (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
1962 the viewpoint of a reasonable person under the then existing circumstances.
1963 (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
1964 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
1965 doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven
1966 beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
1967 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
1968 judgment of conviction for manslaughter; or
1969 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
1970 enter a judgment of conviction for attempted manslaughter.
1971 (5) (a) Any predicate offense that constitutes a separate offense does not merge with
1972 the crime of murder.
1973 (b) An actor who is convicted of murder, based on a predicate offense that constitutes a
1974 separate offense, may also be convicted of, and punished for, the separate offense.
1975 Section 20. Section 76-6-513 is amended to read:
1976 76-6-513. Unlawful dealing of property by a fiduciary.
1977 (1) (a) As used in this section:
1978 (i) "Fiduciary" means the same as that term is defined in Section 22-1-1.
1979 (ii) "Financial institution" means "depository institution" and "trust company" as
1980 defined in Section 7-1-103.
1981 (iii) "Governmental entity" is as defined in Section 63G-7-102.
1982 (iv) "Person" does not include a financial institution whose fiduciary functions are
1983 supervised by the Department of Financial Institutions or a federal regulatory agency.
1984 (v) "Property" means the same as that term is defined in Section 76-6-401.
1985 (b) Terms defined in Section 76-1-101.5 apply to this section.
1986 (2) An actor commits unlawfully dealing with property by a fiduciary if the actor:
1987 (a) deals with property:
1988 (i) that has been entrusted to the actor as a fiduciary, or property of a governmental
1989 entity, public money, or of a financial institution; and
1990 (ii) in a manner which:
1991 (A) the actor knows is a violation of the actor's duty; and
1992 (B) involves substantial risk of loss or detriment to the property owner or to a person
1993 for whose benefit the property was entrusted; or
1994 (b) acting as a fiduciary pledges:
1995 (i) as collateral for a personal loan, or as collateral for the benefit of some party, other
1996 than the owner or the person for whose benefit the property was entrusted, the property that has
1997 been entrusted to the fiduciary; and
1998 (ii) without permission of the owner of the property or some other authorized person.
1999 (3) (a) A violation of Subsection (2)(a) is:
2000 (i) a second degree felony if the:
2001 (A) value of the property is or exceeds $5,000; or
2002 (B) property is stolen from the person of another;
2003 (ii) a third degree felony if:
2004 (A) the value of the property is or exceeds $1,500 but is less than $5,000;
2005 (B) the value of the property is or exceeds $500 and the actor has been twice before
2006 convicted of any of the following offenses, if each prior offense was committed within 10 years
2007 before the date of the current conviction or the date of the offense upon which the current
2008 conviction is based and at least one of those convictions is for a class A misdemeanor:
2009 (I) any theft, any robbery, or any burglary with intent to commit theft;
2010 (II) any offense under Part 5, Fraud; or
2011 (III) any attempt to commit any offense under Subsection (3)(a)(ii)(B)(I) or (II); or
2012 [
2013 [
2014 offenses listed in Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), if the prior offense was
2015 committed within 10 years before the date of the current conviction or the date of the offense
2016 upon which the current conviction is based;
2017 (iii) a class A misdemeanor if:
2018 (A) the value of the property stolen is or exceeds $500 but is less than $1,500; or
2019 (B) the actor has been twice before convicted of any of the offenses listed in
2020 Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), if each prior offense was committed
2021 within 10 years before the date of the current conviction or the date of the offense upon which
2022 the current conviction is based; or
2023 (iv) a class B misdemeanor if the value of the property stolen is less than $500 and the
2024 theft is not an offense under Subsection (3)(a)(iii)(B).
2025 (b) A violation of Subsection (2)(b) is:
2026 (i) a second degree felony if the value of the property wrongfully pledged is or exceeds
2027 $5,000;
2028 (ii) a third degree felony if the value of the property wrongfully pledged is or exceeds
2029 $1,500 but is less than $5,000;
2030 (iii) a class A misdemeanor if the value of the property is or exceeds $500, but is less
2031 than $1,500 or the actor has been twice before convicted of theft, robbery, burglary with intent
2032 to commit theft, or unlawful dealing with property by a fiduciary; or
2033 (iv) a class B misdemeanor if the value of the property is less than $500.
2034 (4) This section may not be construed to impose criminal or civil liability on any law
2035 enforcement officer acting within the scope of a criminal investigation.
2036 (5) The forfeiture of property under this section, including any seizure and disposition
2037 of the property and any related judicial or administrative proceeding, shall be conducted in
2038 accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter
2039 11c, Retention of Evidence.
2040 Section 21. Section 76-8-101 is amended to read:
2041 76-8-101. Definitions.
2042 As used in this chapter:
2043 [
2044
2045 [
2046 a person or a person's property, reputation, or business interests.
2047 (2) "Party official" means [
2048 whether by election, appointment, or otherwise.
2049 (3) "Peace officer" means an employee of a police or law enforcement agency that is
2050 part of or administered by the state or [
2051 of the state, and whose duties consist primarily of the prevention and detection of crime and the
2052 enforcement of criminal statutes or ordinances of this state or [
2053 a political subdivision of the state.
2054 (4) (a) "Pecuniary benefit" means [
2055 commercial interest, or anything else, the primary significance of which is economic gain.
2056 (b) "Pecuniary benefit" does not include economic advantage applicable to the public
2057 generally, such as tax reduction or increased prosperity generally.
2058 (5) (a) "Public property" means real or personal property that is owned, held, or
2059 managed by a public entity.
2060 (b) "Public property" includes real or personal property that is owned, held, or managed
2061 by a public entity after the real or personal property is transferred by the public entity to an
2062 independent contractor of the public entity.
2063 (c) "Public property" remains public property while in the possession of an independent
2064 contractor of a public entity for the purpose of providing a program or service for, or on behalf
2065 of, the public entity.
2066 Section 22. Section 76-8-102 is amended to read:
2067 76-8-102. Campaign contributions not prohibited.
2068 (1) Nothing in this chapter shall be construed to prohibit the giving or receiving of
2069 campaign contributions made for the purpose of defraying the costs of a political campaign.
2070 (2) No person shall be convicted of an offense solely on the evidence that a campaign
2071 contribution was made and that an appointment or nomination was subsequently made by the
2072 person to whose campaign or political party the contribution was made.
2073 Section 23. Section 76-8-103 is amended to read:
2074 76-8-103. Bribery or offering a bribe.
2075 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2076 (2) [
2077 the actor promises, offers, or agrees to give or gives, directly or indirectly, any benefit to
2078 another with the purpose or intent to influence an action, decision, opinion, recommendation,
2079 judgment, vote, nomination, or exercise of discretion of a public servant, party official, or
2080 voter.
2081 (3) A violation of Subsection (2) is:
2082 (a) a second degree felony if the value of the benefit is $1,000 or more; or
2083 (b) a third degree felony if the value of the benefit is less than $1,000.
2084 [
2085 (a) the person sought to be influenced was not qualified to act in the desired way,
2086 whether because the person had not assumed office, lacked jurisdiction, or for any other reason;
2087 (b) the person sought to be influenced did not act in the desired way; or
2088 (c) the benefit is not conferred, solicited, or accepted until after:
2089 (i) the action, decision, opinion, recommendation, judgment, vote, nomination, or
2090 exercise of discretion, has occurred; or
2091 (ii) the public servant ceases to be a public servant.
2092 [
2093 [
2094
2095 [
2096
2097 Section 24. Section 76-8-104 is amended to read:
2098 76-8-104. Threat to influence official or political action.
2099 (1) (a) As used in this section, "public servant" does not include a juror.
2100 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2101 (2) [
2102
2103 if the actor, with a purpose of influencing [
2104 nomination, vote, or other exercise of discretion of a public servant, party official, or voter,
2105 threatens harm to:
2106 (a) the public servant, party official, or voter; or
2107 (b) a person or entity in whose welfare the public servant, party official, or voter is
2108 interested.
2109 (3) A violation of Subsection (2) is a class A misdemeanor.
2110 [
2111 [
2112
2113
2114 [
2115 Section 25. Section 76-8-105 is amended to read:
2116 76-8-105. Receiving or soliciting bribe or bribery by public servant.
2117 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2118 (2) [
2119
2120 the understanding or agreement that the purpose or intent is to influence an action, decision,
2121 opinion, recommendation, judgment, vote, nomination, or exercise of discretion, of a public
2122 servant, party official, or voter.
2123 (3) A violation of Subsection (2) is:
2124 (a) a second degree felony if the value of the benefit asked for, solicited, accepted, or
2125 conferred is more than $1,000; or
2126 (b) a third degree felony if the value of the benefit asked for, solicited, accepted, or
2127 conferred is $1,000 or less.
2128 [
2129 (a) the person sought to be influenced was not qualified to act in the desired way,
2130 whether because the person had not assumed office, lacked jurisdiction, or for any other reason;
2131 (b) the person sought to be influenced did not act in the desired way; or
2132 (c) the benefit is not asked for, conferred, solicited, or accepted until after:
2133 (i) the action, decision, opinion, recommendation, judgment, vote, nomination, or
2134 exercise of discretion, has occurred; or
2135 (ii) the public servant ceases to be a public servant.
2136 [
2137 [
2138
2139 [
2140
2141 Section 26. Section 76-8-106 is amended to read:
2142 76-8-106. Receiving bribe for endorsement of person as a public servant.
2143 [
2144 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2145 (2) [
2146 servant if the actor solicits, accepts, agrees to accept for [
2147 person, or a political party, money or any other pecuniary benefit as compensation for [
2148 actor's endorsement, nomination, appointment, approval, or disapproval of any person for a
2149 position as a public servant or for the advancement of any public servant[
2150 [
2151
2152 Section 27. Section 76-8-106.1 is enacted to read:
2153 76-8-106.1. Bribery for endorsement of person as public servant.
2154 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2155 (2) An actor commits bribery for endorsement of a person as a public servant if the
2156 actor knowingly gives, offers, or promises money or any other pecuniary benefit to a person or
2157 a political party as compensation for the person's or political party's endorsement, nomination,
2158 appointment, approval, or disapproval of any person for a position as a public servant or for the
2159 advancement of any public servant.
2160 (3) A violation of Subsection (2) is a class B misdemeanor.
2161 Section 28. Section 76-8-107 is amended to read:
2162 76-8-107. Alteration of proposed legislative bill or resolution.
2163 [
2164 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2165 (2) An actor commits alteration of proposed legislative bill or resolution if the actor
2166 fraudulently alters the draft of [
2167 either of the houses composing the Legislature to be passed or adopted, with intent to procure
2168 [
2169 certified by the presiding officer of either house in language different from that intended by
2170 [
2171 Section 29. Section 76-8-108 is amended to read:
2172 76-8-108. Alteration of enrolled legislative bill or resolution.
2173 [
2174 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2175 (2) An actor commits alteration of enrolled legislative bill or resolution if the actor
2176 fraudulently alters the enrolled copy of [
2177 or adopted by the Legislature with intent to procure [
2178 approved by the governor or certified by the Division of Archives, or printed or published by
2179 the printer of statutes, in language different from that in which [
2180 resolution was passed or adopted by the Legislature[
2181 (3) A violation of Subsection (2) is a third degree felony.
2182 Section 30. Section 76-8-110 is amended to read:
2183 76-8-110. Prohibited action by peace officer for collection agency or creditor.
2184 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2185 (2) [
2186 officer for collection agency or creditor if the actor:
2187 (a) is a peace officer; and
2188 (b) (i) has an interest in [
2189 (ii) acts as a compensated collection agent for [
2190 [
2191 is a class C misdemeanor.
2192 Section 31. Section 76-8-201 is amended to read:
2193 76-8-201. Official misconduct -- Unauthorized acts or failure of duty.
2194 [
2195 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2196 (2) An actor commits official misconduct based on an unauthorized act or failure of
2197 duty if the actor:
2198 (a) is a public servant; and
2199 (b) with an intent to benefit [
2200 actor knowingly:
2201 (i) commits an unauthorized act [
2202 office[
2203 (ii) knowingly refrains from performing a duty imposed on [
2204 clearly inherent in the nature of [
2205 (3) A violation of Subsection (2) is a class B misdemeanor.
2206 Section 32. Section 76-8-202 is amended to read:
2207 76-8-202. Official misconduct concerning inside information.
2208 [
2209
2210
2211 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2212 (2) An actor commits official misconduct concerning inside information if:
2213 (a) the actor is a public servant; and
2214 (b) knowing that official action is contemplated, or in reliance on information that the
2215 actor has acquired by virtue of the actor's office or from another public servant, which
2216 information has not been made public, the actor:
2217 (i) acquires or divests [
2218 transaction, or enterprise [
2219 [
2220 [
2221 described in Subsection (2)(b)(i) or (2)(b)(ii).
2222 (3) A violation of Subsection (2) is a class A misdemeanor.
2223 Section 33. Section 76-8-203 is amended to read:
2224 76-8-203. Unofficial misconduct.
2225 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2226 (2) [
2227 exercises or attempts to exercise any of the functions of a public office when the [
2228 (a) has not taken and filed the required oath of office;
2229 (b) has failed to execute and file a required bond;
2230 (c) has not been elected or appointed to office;
2231 (d) exercises any of the functions of [
2232 has expired and the successor has been elected or appointed and has qualified, or after [
2233 actor's office has been legally removed; or
2234 (e) knowingly:
2235 (i) withholds or retains from [
2236 entitled to possession, the official seal or [
2237 record, paper, document, or other writing appertaining or belonging to [
2238 [
2239 (ii) mutilates, destroys, or takes away the official seal or a record, paper, document, or
2240 other writing appertaining or belonging to the actor's office.
2241 [
2242 misdemeanor.
2243 Section 34. Section 76-8-301 is amended to read:
2244 76-8-301. Interference with public servant.
2245 (1) (a) [
2246 include a juror.
2247 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2248 (2) An actor commits interference with a public servant if the [
2249 (a) uses force, violence, intimidation, or engages in any other unlawful act with a
2250 purpose to interfere with a public servant performing or purporting to perform an official
2251 function; or
2252 (b) obstructs, hinders, conceals, or prevents the lawful service of any civil or criminal
2253 legal process[
2254 constable, peace officer, private investigator, or any other person authorized to serve legal
2255 process[
2256 [
2257
2258 [
2259 [
2260 [
2261 [
2262 [
2263 [
2264 [
2265 (3) A violation of Subsection (2) is a class B misdemeanor.
2266 Section 35. Section 76-8-301.2 is enacted to read:
2267 76-8-301.2. Denial of public servant's use of public property.
2268 (1) (a) As used in this section, "public servant" does not include a juror.
2269 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2270 (2) An actor commits denial of public servant's use of public property if the actor, on
2271 property that is owned, operated, or controlled by the state or a political subdivision of the
2272 state, willfully denies to a public servant lawful:
2273 (a) freedom of movement;
2274 (b) use of the property or facility; or
2275 (c) entry into or exit from the facility.
2276 (3) A violation of Subsection (2) is a class C misdemeanor.
2277 Section 36. Section 76-8-301.5 is amended to read:
2278 76-8-301.5. Failure to disclose identity.
2279 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2280 (2) [
2281 period of time that the [
2282 77-7-15:
2283 (a) a peace officer demands that the [
2284 or date of birth;
2285 (b) the demand described in Subsection [
2286 circumstances justifying the stop;
2287 (c) the disclosure of the [
2288 does not present a reasonable danger of self-incrimination in the commission of a crime; and
2289 (d) the [
2290 [
2291 misdemeanor.
2292 Section 37. Section 76-8-302 is amended to read:
2293 76-8-302. Picketing or parading in or near court.
2294 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2295 (2) [
2296 parading in or near a court if the actor pickets or parades in or near a building [
2297 houses a court of this state with intent to:
2298 (a) obstruct access to that court; or [
2299 (b) affect the outcome of a case pending before that court.
2300 (3) A violation of Subsection (2) is a class B misdemeanor.
2301 Section 38. Section 76-8-303 is amended to read:
2302 76-8-303. Prevention of Legislature or public servant from meeting or
2303 organizing.
2304 [
2305
2306 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2307 (2) An actor commits prevention of Legislature or public servant from meeting or
2308 organizing if the actor intentionally and by force or fraud:
2309 (a) [
2310 Legislature, or any of the members [
2311 [
2312 perform a lawful governmental function.
2313 (3) A violation of Subsection (2) is a third degree felony.
2314 Section 39. Section 76-8-305 is amended to read:
2315 76-8-305. Interference with a peace officer.
2316 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2317 (2) [
2318 interference with a peace officer if the actor:
2319 (a) knows, or by the exercise of reasonable care should have known, that a peace
2320 officer is seeking to effect a lawful arrest or detention of [
2321 [
2322 (b) interferes with the arrest or detention by:
2323 [
2324 [
2325 [
2326 [
2327 [
2328 or detention.
2329 [
2330 (4) Recording the actions of a [
2331 phone, or other photographic device, while the peace officer is performing official duties in
2332 plain view, does not by itself constitute:
2333 (a) interference with the peace officer;
2334 (b) willful resistance;
2335 (c) disorderly conduct; or
2336 (d) obstruction of justice.
2337 Section 40. Section 76-8-305.5 is amended to read:
2338 76-8-305.5. Failure to stop at the command of a peace officer.
2339 [
2340
2341 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2342 (2) An actor commits failure to stop at the command of a peace officer if, after the
2343 peace officer has issued a verbal or visual command to stop[
2344 otherwise attempts to elude a peace officer:
2345 [
2346 [
2347 stop a vehicle at the command of a law enforcement officer.
2348 (3) A violation of Subsection (2) is a class A misdemeanor.
2349 Section 41. Section 76-8-306 is amended to read:
2350 76-8-306. Obstruction of justice in a criminal investigation or proceeding.
2351 (1) (a) As used in this section:
2352 (i) (A) "Conduct that constitutes a criminal offense" means conduct that would be
2353 punishable as a crime and is separate from a violation of this section.
2354 (B) "Conduct that constitutes a criminal offense" includes:
2355 (I) any violation of a criminal statute or ordinance of this state or a political subdivision
2356 of this state, any other state, or any district, possession, or territory of the United States; and
2357 (II) conduct committed by a juvenile that would be a crime if committed by an adult.
2358 (ii) "Juvenile offender" means the same as that term is defined in Section 80-1-102.
2359 (iii) "Official custody" means the same as that term is defined in Section 76-8-309.
2360 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2361 (2) [
2362 in a criminal investigation or proceeding if the actor, with intent to hinder, delay, or prevent the
2363 investigation, apprehension, prosecution, conviction, or punishment of any person regarding
2364 conduct that constitutes a criminal offense:
2365 (a) provides any person with a weapon;
2366 (b) prevents by force, intimidation, or deception, [
2367 an act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of
2368 any person;
2369 (c) alters, destroys, conceals, or removes [
2370 (d) makes, presents, or uses [
2371 (e) harbors or conceals a person;
2372 (f) provides a person with transportation, disguise, or other means of avoiding
2373 discovery or apprehension;
2374 (g) warns [
2375 (h) warns [
2376 communications or of a pending application for an order authorizing the interception of wire
2377 communications;
2378 (i) conceals information that is not privileged and that concerns the offense, after a
2379 judge or magistrate has ordered the actor to provide the information; or
2380 (j) provides false information regarding a suspect, a witness, the conduct constituting
2381 an offense, or any other material aspect of the investigation.
2382 [
2383
2384
2385 [
2386
2387 [
2388
2389 [
2390
2391 [
2392
2393 [
2394
2395 [
2396 [
2397
2398 [
2399
2400 (3) [
2401 (a) a second degree felony if the conduct [
2402 capital felony or first degree felony;
2403 (b) a third degree felony if:
2404 (i) the conduct that constitutes an offense would be a second or third degree felony and
2405 the actor violates Subsection [
2406 (ii) the conduct that constitutes an offense would be any offense other than a capital or
2407 first degree felony and the actor violates Subsection [
2408 (iii) the obstruction of justice is presented or committed before a court of law; or
2409 (iv) a violation of Subsection [
2410 (c) a class A misdemeanor for any violation of this section that is not enumerated under
2411 Subsection (3)(a) or (b).
2412 (4) It is not a defense that the actor was unaware of the level of penalty for the conduct
2413 constituting an offense.
2414 [
2415
2416 [
2417 has escaped from official custody, which is governed by Section 76-8-309.2.
2418 (b) Subsection [
2419 [
2420 [
2421
2422 or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a
2423 family member of a judge or a member of the Board of Pardons and Parole under Section
2424 76-8-316;
2425 (ii) assault with intent to impede, intimidate, interfere, or retaliate against a judge or a
2426 member of the Board of Pardons and Parole or acting against a family member of a judge or a
2427 member of the Board of Pardons and Parole under Section 76-8-316.2;
2428 (iii) aggravated assault with intent to impede, intimidate, interfere, or retaliate against a
2429 judge or a member of the Board of Pardons and Parole or acting against a family member of a
2430 judge or a member of the Board of Pardons and Parole under Section 76-8-316.4;
2431 (iv) attempted murder with intent to impede, intimidate, interfere, or retaliate against a
2432 judge or a member of the Board of Pardons and Parole or acting against a family member of a
2433 judge or a member of the Board of Pardons and Parole under Section 76-8-316.6;
2434 [
2435
2436 [
2437 under Section 76-8-508.3; [
2438 (vii) tampering or retaliating against a juror under Section 76-8-508.5;
2439 (viii) receiving or soliciting a bribe as a witness under Section 76-8-508.7; or
2440 [
2441 under Section 76-8-509.
2442 (c) Subsection (2)(e) does not apply to harboring a juvenile offender, which is
2443 governed by Section 76-8-319.
2444 [
2445
2446
2447 (6) For purposes of Subsection (3), a violation of a criminal statute that is committed in
2448 another state, or any district, possession, or territory of the United States, is:
2449 (a) a capital felony if the penalty provided includes death or life imprisonment without
2450 parole;
2451 (b) a first degree felony if the penalty provided includes life imprisonment with parole
2452 or a maximum term of imprisonment exceeding 15 years;
2453 (c) a second degree felony if the penalty provided exceeds five years;
2454 (d) a third degree felony if the penalty provided includes imprisonment for any period
2455 exceeding one year; or
2456 (e) a misdemeanor if the penalty provided includes imprisonment for any period of one
2457 year or less.
2458 Section 42. Section 76-8-306.5 is amended to read:
2459 76-8-306.5. Obstructing service of a Board of Pardons and Parole warrant or a
2460 probationer order to show cause.
2461 [
2462 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2463 (2) An actor commits obstructing service of a Board of Pardons and Parole warrant or a
2464 probationer order to show cause if the actor:
2465 (a) knows that:
2466 (i) the Board of Pardons and Parole has issued a warrant for a parolee; or [
2467 (ii) a court has issued an order to show cause regarding a defendant's violation of the
2468 terms of probation; and
2469 [
2470 [
2471 means or assistance to avoid discovery; or
2472 [
2473 impending discovery.
2474 (3) A violation of Subsection (2) is a third degree felony.
2475 Section 43. Section 76-8-307 is amended to read:
2476 76-8-307. Failure to aid a peace officer.
2477 [
2478 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2479 (2) An actor commits failure to aid a peace officer if, upon command by a peace officer
2480 identifiable or identified by [
2481 refuses to aid the peace officer in effecting an arrest or in preventing the commission of any
2482 offense by another person.
2483 (3) A violation of Subsection (2) is a class B misdemeanor.
2484 Section 44. Section 76-8-308 is amended to read:
2485 76-8-308. Acceptance of bribe or bribery to prevent criminal prosecution.
2486 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2487 (2) [
2488 bribe or bribery to prevent criminal prosecution if the actor:
2489 (a) solicits, accepts, or agrees to accept any benefit as consideration for [
2490 refraining from initiating or aiding in a criminal prosecution; or
2491 (b) confers, offers, or agrees to confer any benefit upon [
2492 consideration for the person refraining from initiating or aiding in a criminal prosecution.
2493 (3) A violation of Subsection (2) is a class A misdemeanor.
2494 [
2495 amount [
2496 caused or to be caused by the offense.
2497 Section 45. Section 76-8-309 is amended to read:
2498 76-8-309. Escape.
2499 (1) (a) As used in this section:
2500 (i) "Confinement" means a prisoner is:
2501 (A) housed in a state prison or another facility pursuant to a contract with the Utah
2502 Department of Corrections after being sentenced and committed and the sentence has not been
2503 terminated or voided or the prisoner is not on parole;
2504 (B) lawfully detained in a county jail prior to trial or sentencing or housed in a county
2505 jail after sentencing and commitment and the sentence has not been terminated or voided or the
2506 prisoner is not on parole; or
2507 (C) lawfully detained following arrest.
2508 (ii) "Confinement in a state prison" means that an individual:
2509 (A) is in prehearing custody after arrest for parole violation;
2510 (B) is being housed in a county jail, after felony commitment, pursuant to a contract
2511 with the Department of Corrections; or
2512 (C) is being transported as a prisoner in the state prison by a correctional officer.
2513 (iii) "Escape" is considered to be a continuing activity commencing with the
2514 conception of the design to escape and continuing until the escaping prisoner is returned to
2515 official custody or the prisoner's attempt to escape is thwarted or abandoned.
2516 (iv) "Lawful authorization" does not include authorization to leave official custody that
2517 is obtained by a prisoner by means of deceit, fraud, or other artifice.
2518 (v) "Official custody" means:
2519 (A) arrest, whether with or without a warrant;
2520 (B) confinement in a state prison, jail, or institution for secure confinement of juvenile
2521 offenders;
2522 (C) released from a prison or jail for work release or home visit subject to a designated
2523 time for return; or
2524 (D) any confinement pursuant to an order of a court or sentenced and committed and
2525 the sentence has not been terminated or voided or the prisoner is not on parole.
2526 (vi) "Prisoner" means any person who is in official custody and includes persons under
2527 trusty status.
2528 (vii) "Volunteer" means a person who donates service without pay or other
2529 compensation except expenses actually and reasonably incurred as approved by the supervising
2530 agency.
2531 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2532 [
2533 the actor:
2534 (a) (i) is a prisoner; and
2535 (ii) leaves official custody without lawful authorization[
2536 (b) (i) is convicted as a party to an offense under this section, as defined in Section
2537 76-2-202; and
2538 (ii) is an employee at or a volunteer of:
2539 (A) a law enforcement agency, the Department of Corrections, a county or district
2540 attorney's office, the Office of the Attorney General, the Board of Pardons and Parole; or
2541 (B) a court, the Judicial Council, the Administrative Office of the Courts, or a similar
2542 administrative unit in the judicial branch of government.
2543 [
2544
2545 [
2546 (3)(b) or Section 76-8-309.1, a violation of Subsection (2) is a third degree felony [
2547
2548 [
2549 a violation of Subsection (2) is a second degree felony if:
2550 (i) the actor escapes [
2551 (ii) the actor violates Subsection (2)(b); or
2552 (iii) the prisoner left official custody by failing to return from work release or home
2553 visit by the time designated for return.
2554 [
2555
2556 [
2557
2558
2559
2560
2561 [
2562
2563
2564 [
2565 [
2566
2567 a consecutive sentence to any other sentence the actor is either serving or ordered to serve.
2568 [
2569 [
2570 [
2571
2572
2573 [
2574
2575
2576 [
2577 [
2578
2579
2580 [
2581
2582
2583
2584
2585 [
2586
2587 [
2588 [
2589
2590 [
2591 [
2592
2593 [
2594
2595
2596 Section 46. Section 76-8-309.1 is enacted to read:
2597 76-8-309.1. Aggravated escape.
2598 (1) (a) As used in this section, "escape" means an offense under Section 76-8-309.
2599 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2600 (2) An actor commits aggravated escape if, during the course of the commission of an
2601 escape, the actor:
2602 (a) uses a dangerous weapon; or
2603 (b) causes serious bodily injury to another.
2604 (3) A violation of Subsection (2) is a first degree felony.
2605 (4) A court sentencing an actor for a violation of this section shall impose a
2606 consecutive sentence to any other sentence the actor is either serving or ordered to serve.
2607 Section 47. Section 76-8-309.2 is enacted to read:
2608 76-8-309.2. Harboring or concealing an offender who has escaped from official
2609 custody.
2610 (1) (a) As used in this section, "official custody" means the same as that term is defined
2611 in Section 76-8-309.
2612 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2613 (2) An actor commits harboring or concealing an offender who has escaped from
2614 official custody if the actor harbors or conceals an offender who has escaped from official
2615 custody.
2616 (3) A violation of Subsection (2) is a third degree felony.
2617 Section 48. Section 76-8-311.1 is amended to read:
2618 76-8-311.1. Establishment of secure areas -- Items prohibited -- References to
2619 penalty provisions.
2620 (1) [
2621 (a) As used in this section:
2622 [
2623 is defined in Section 76-8-311.3.
2624 (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2625 [
2626 term "explosive, chemical, or incendiary device" defined in Section 76-10-306.
2627 (iv) "Firearm" means the same as that term is defined in Section 76-10-501.
2628 [
2629 operated by a law enforcement agency.
2630 [
2631 term is defined in Section 26B-5-301.
2632 [
2633 which certain persons are restricted from transporting [
2634 weapon, ammunition, [
2635 [
2636 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2637 (2) (a) [
2638 enforcement, or mental health facility may establish secure areas within the facility and may
2639 prohibit or control by rule any firearm or other dangerous weapon, ammunition, [
2640
2641 (b) Subsections (2)(a), (3), (4), [
2642 area hearing [
2643 (3) [
2644 one notice [
2645 a firearm, ammunition, dangerous weapon, or explosive is restricted.
2646 (4) (a) [
2647 section shall provide a secure weapons storage area so that [
2648 secure area may store [
2649 secure area.
2650 (b) The entity operating the facility shall be responsible for [
2651 [
2652 [
2653
2654
2655 [
2656
2657 An actor who transports a firearm or other dangerous weapon or ammunition into a secure area
2658 created under this section or a higher education secure area hearing room created under this
2659 section may be punished under Section 76-8-311.2.
2660 (b) [
2661 transports, possesses, distributes, or sells [
2662 higher education secure area hearing room created under this section may be punished under
2663 Section 76-10-306.
2664 (c) It is a defense to a prosecution related to this section that the actor acted in
2665 conformity with the facility's rule or policy established pursuant to this section.
2666 Section 49. Section 76-8-311.2 is enacted to read:
2667 76-8-311.2. Prohibited dangerous weapon or ammunition in a secure area.
2668 (1) (a) As used in this section:
2669 (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2670 (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2671 (iii) "Firearm" means the same as that term is defined in Section 76-10-501.
2672 (iv) "Higher education secure area" means a higher education secure area hearing room
2673 created under Section 76-8-311.1.
2674 (v) "Law enforcement facility" means the same as that term is defined in Section
2675 76-8-311.1.
2676 (vi) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2677 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2678 (2) An actor commits prohibited dangerous weapon or ammunition in a secure area if
2679 the actor knowingly or intentionally transports a firearm or other dangerous weapon or
2680 ammunition into:
2681 (a) a correctional facility;
2682 (b) a secure area created by the State Tax Commission;
2683 (c) a secure area in a law enforcement facility or a mental health facility; or
2684 (d) a higher education secure area.
2685 (3) Except as provided in Section 76-8-311.4, 76-8-311.6, or 76-8-311.7, a violation of
2686 Subsection (2) is a third degree felony.
2687 (4) It is a defense to a prosecution under this section that the actor acted in conformity
2688 with the facility's rule or policy established under Section 76-8-311.1.
2689 Section 50. Section 76-8-311.3 is amended to read:
2690 76-8-311.3. Establishment of prohibited item policy in a correctional or mental
2691 health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking.
2692 (1) (a) As used in this section:
2693 [
2694
2695 [
2696 substance under Title 58, Chapter 37, Utah Controlled Substances Act.
2697 [
2698 [
2699 to house [
2700 [
2701 [
2702 [
2703 [
2704 granted to the state, municipality, or county for use as a correctional facility.
2705 [
2706 76-10-501.
2707 (iv) "Electronic cigarette product" means the same as that term is defined in Section
2708 76-10-101.
2709 (v) "Firearm" means the same as that term is defined in Section 76-10-501.
2710 [
2711 17b, Pharmacy Practice Act, but does not include [
2712 defined in Title 58, Chapter 37, Utah Controlled Substances Act.
2713 [
2714 26B-5-301.
2715 [
2716 76-10-101.
2717 [
2718 facility.
2719 [
2720 [
2721 76-10-101.
2722 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2723 (2) Notwithstanding Section 76-10-500, a correctional facility or a mental health
2724 facility may provide by rule that no firearm, ammunition, dangerous weapon, implement of
2725 escape, explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in
2726 any quantity may be:
2727 (a) transported to or [
2728 (b) sold or given away at [
2729 (c) given to or used by [
2730 facility; or
2731 (d) knowingly or intentionally possessed at a correctional facility or a mental health
2732 facility.
2733 (3) It is a defense to [
2734
2735 (a) a correctional facility operated by the Department of Corrections, acted in
2736 conformity with departmental rule or policy;
2737 (b) a correctional facility operated by a municipality, acted in conformity with the
2738 policy of the municipality;
2739 (c) a correctional facility operated by a county, acted in conformity with the policy of
2740 the county; or
2741 (d) a mental health facility, acted in conformity with the policy of the mental health
2742 facility.
2743 [
2744
2745
2746 [
2747
2748
2749 [
2750
2751
2752 [
2753
2754
2755
2756 [
2757
2758
2759 [
2760
2761
2762
2763 [
2764 [
2765 [
2766 [
2767
2768
2769 [
2770 [
2771 [
2772 [
2773
2774
2775 [
2776 [
2777
2778 [
2779 [
2780
2781
2782 [
2783
2784 [
2785
2786
2787
2788 [
2789
2790
2791 [
2792
2793
2794 [
2795 [
2796 [
2797 [
2798
2799
2800
2801 [
2802
2803 [
2804 under Section 76-8-311.4, 76-8-311.6, 76-8-311.7, 76-8-311.8, 76-8-311.9, or 76-8-311.10 for
2805 a violation of a policy or rule created under this section.
2806 (b) An actor who knowingly or intentionally transports, possesses, distributes, or sells
2807 an explosive in a correctional facility or a mental health facility may be punished under Section
2808 76-10-306.
2809 (c) The possession, distribution, or use of a controlled substance at a correctional
2810 facility or in a secure area of a mental health facility shall be charged under Title 58, Chapter
2811 37, Utah Controlled Substances Act.
2812 (5) Exemptions may be granted for worship for Native American inmates pursuant to
2813 Section 64-13-40.
2814 [
2815
2816
2817 [
2818 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing
2819 written notice to visitors that providing any tobacco product, electronic cigarette product, or
2820 nicotine product to offenders is a class A misdemeanor.
2821 Section 51. Section 76-8-311.4 is enacted to read:
2822 76-8-311.4. Prohibited item in correctional or mental health facility for use by
2823 offender or detainee.
2824 (1) (a) As used in this section:
2825 (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2826 (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2827 (iii) "Mental health facility" means the same as that term is defined in Section
2828 76-8-311.3.
2829 (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2830 (v) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2831 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2832 (2) An actor commits prohibited item in correctional or mental health facility for use
2833 by offender or detainee if the actor:
2834 (a) transports a dangerous weapon, ammunition, or implement of escape to or within a
2835 correctional facility, or into a secure area of a mental health facility, with the intent to provide
2836 or sell to an offender or detainee the dangerous weapon, ammunition, or implement of escape;
2837 or
2838 (b) provides or sells a dangerous weapon, ammunition, or implement of escape to:
2839 (i) an offender at a correctional facility; or
2840 (ii) a detainee at a secure area of a mental health facility.
2841 (3) Except as provided in Subsection (4), a violation of Subsection (2) is a second
2842 degree felony.
2843 (4) The defenses provided in Section 76-8-311.3 apply to this section.
2844 Section 52. Section 76-8-311.6 is enacted to read:
2845 76-8-311.6. Possession of prohibited item by offender or detainee in correctional
2846 or mental health facility.
2847 (1) (a) As used in this section:
2848 (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2849 (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2850 (iii) "Mental health facility" means the same as that term is defined in Section
2851 76-8-311.3.
2852 (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2853 (v) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2854 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2855 (2) An actor commits possession of prohibited item by offender or detainee in
2856 correctional or mental health facility if the actor:
2857 (a) (i) is an offender at a correctional facility; or
2858 (ii) is a detainee at a mental health facility; and
2859 (b) possesses a dangerous weapon, ammunition, or an implement of escape.
2860 (3) Except as provided in Subsection (4), a violation of Subsection (2) is a second
2861 degree felony.
2862 (4) The defenses provided in Section 76-8-311.3 apply to this section.
2863 Section 53. Section 76-8-311.7 is enacted to read:
2864 76-8-311.7. Possession of prohibited item in correctional facility or secure area of
2865 mental health facility.
2866 (1) (a) As used in this section:
2867 (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2868 (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2869 (iii) "Mental health facility" means the same as that term is defined in Section
2870 76-8-311.3.
2871 (iv) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2872 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2873 (2) An actor commits possession of prohibited item in correctional facility or secure
2874 area of mental health facility if the actor, without the permission of the authority operating the
2875 correctional facility or the secure area of a mental health facility, knowingly possesses a
2876 dangerous weapon, ammunition, or implement of escape at a correctional facility or in a secure
2877 area of a mental health facility.
2878 (3) Except as provided in Section 76-8-311.6 or Subsection (4), a violation of
2879 Subsection (2) is a third degree felony.
2880 (4) The defenses provided in Section 76-8-311.3 apply to this section.
2881 Section 54. Section 76-8-311.8 is enacted to read:
2882 76-8-311.8. Prohibited substance in correctional or mental health facility.
2883 (1) (a) As used in this section:
2884 (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2885 (ii) "Medicine" means the same as that term is defined in Section 76-8-311.3.
2886 (iii) "Mental health facility" means the same as that term is defined in Section
2887 76-8-311.3.
2888 (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2889 (v) "Prohibited substance" means:
2890 (A) spirituous or fermented liquor;
2891 (B) medicine, whether or not lawfully prescribed for an offender or a detainee; or
2892 (C) poison in any quantity.
2893 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2894 (2) An actor commits prohibited substance in a correctional or mental health facility if
2895 the actor:
2896 (a) without the permission of the authority operating the correctional facility or secure
2897 area of a mental health facility:
2898 (i) knowingly transports a prohibited substance to or within a correctional facility or
2899 into a secure area of a mental health facility; or
2900 (ii) fails to declare or knowingly possesses a prohibited substance at a correctional
2901 facility or in a secure area of a mental health facility;
2902 (b) knowingly violates correctional or mental health facility policy or rule by providing
2903 or selling a prohibited substance to an offender at a correctional facility or a detainee within a
2904 secure area of a mental health facility; or
2905 (c) (i) is a detainee in a mental health facility or an offender; and
2906 (ii) in violation of correctional or mental health facility policy or rule, possesses at a
2907 correctional facility or in a secure area of a mental health facility a prohibited substance other
2908 than medicine provided by the facility's health care providers in compliance with facility
2909 policy.
2910 (3) (a) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b),
2911 or (2)(c) is a third degree felony.
2912 (b) Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class
2913 A misdemeanor.
2914 (4) The defenses provided in Section 76-8-311.3 apply to this section.
2915 Section 55. Section 76-8-311.9 is enacted to read:
2916 76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a
2917 correctional facility.
2918 (1) (a) As used in this section:
2919 (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2920 (ii) "Electronic cigarette product" means the same as that term is defined in Section
2921 76-10-101.
2922 (iii) "Nicotine product" means the same as that term is defined in Section 76-10-101.
2923 (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2924 (v) "Tobacco product" means the same as that term is defined in Section 76-10-101.
2925 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2926 (2) An actor commits prohibited tobacco, electronic cigarette, or nicotine product in a
2927 correctional facility if the actor, with the intent to directly or indirectly provide or sell a tobacco
2928 product, electronic cigarette product, or nicotine product to an offender, directly or indirectly:
2929 (a) transports, delivers, or distributes a tobacco product, electronic cigarette product, or
2930 nicotine product to an offender or on the grounds of a correctional facility;
2931 (b) solicits, requests, commands, coerces, encourages, or intentionally aids another
2932 individual to transport a tobacco product, electronic cigarette product, or nicotine product to an
2933 offender or on the grounds of a correctional facility, if the other individual is acting with the
2934 mental state required for the commission of an offense; or
2935 (c) facilitates, arranges, or causes the transport of a tobacco product, electronic
2936 cigarette product, or nicotine product in violation of this section or Section 76-8-311.3 to an
2937 offender or on the grounds of a correctional facility.
2938 (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class A
2939 misdemeanor.
2940 (4) The defenses provided in Section 76-8-311.3 apply to this section.
2941 (5) In accordance with Section 76-10-311.3, the Department of Corrections shall make
2942 rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines
2943 for providing written notice to visitors that providing a tobacco product, electronic cigarette
2944 product, or nicotine product to an offender is a class A misdemeanor.
2945 Section 56. Section 76-8-311.10 is enacted to read:
2946 76-8-311.10. Possession of contraband in a correctional facility.
2947 (1) (a) As used in this section:
2948 (i) "Contraband" means an item not specifically prohibited for possession by an
2949 offender under this section or Section 76-8-311.3, 76-8-311.4, 76-8-311.6, 76-8-311.7,
2950 76-8-311.8, or 76-8-311.9.
2951 (ii) "Correctional facility" means the same as that term is defined in Section
2952 76-8-311.3.
2953 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2954 (2) An actor commits possession of contraband in a correctional facility if the actor,
2955 without the permission of the authority operating a correctional facility, knowingly engages in
2956 an activity that would facilitate the possession of contraband by an offender in the correctional
2957 facility.
2958 (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class B
2959 misdemeanor.
2960 (4) (a) The possession, distribution, or use of a controlled substance at a correctional
2961 facility shall be prosecuted in accordance with Title 58, Chapter 37, Utah Controlled
2962 Substances Act.
2963 (b) The provisions of Section 76-8-311.9 take precedence over this section.
2964 (c) The defenses provided in Section 76-8-311.3 apply to this section.
2965 Section 57. Section 76-8-312 is amended to read:
2966 76-8-312. Unlawful absence after pretrial release.
2967 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2968 (2) [
2969 after pretrial release if the actor:
2970 (a) has been [
2971 court order or by other lawful authority upon condition that [
2972 personally upon a charge of an offense[
2973 (b) fails without just cause to appear at the time and place [
2974 lawfully designated for [
2975 [
2976
2977
2978 (3) A violation of Subsection (2) is:
2979 (a) a third degree felony if the offense for which the actor failed to appear is a felony;
2980 (b) a class B misdemeanor if the offense for which the actor failed to appear is a
2981 misdemeanor; or
2982 (c) an infraction if the offense for which the actor failed to appear is an infraction.
2983 Section 58. Section 76-8-313 is amended to read:
2984 76-8-313. Threatened or attempted assault on an elected official.
2985 (1) (a) As used in this section, "elected official" means:
2986 (i) an elected official of the state, county, or city;
2987 (ii) an immediate family member of an individual described in Subsection (1)(a)(i);
2988 (iii) a temporary judge appointed to fill a vacant judicial position;
2989 (iv) a judge not yet retained by a retention election;
2990 (v) a member of a school board; or
2991 (vi) an individual appointed to fill a vacant position of an individual described in
2992 Subsection (1)(a)(i).
2993 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2994 (2) [
2995 [
2996 violence, to inflict bodily injury [
2997 intimidate, or interfere with the elected official in the performance of [
2998 official duties or with the intent to retaliate against the elected official because of the
2999 performance of [
3000 (3) (a) Except as provided by Subsection (3)(b), a violation of Subsection (2) is a class
3001 B misdemeanor.
3002 (b) A violation of Subsection (2) is a third degree felony if:
3003 (i) the actor attempts to inflict bodily injury; or
3004 (ii) the elected official receives bodily injury.
3005 Section 59. Section 76-8-316 is amended to read:
3006 76-8-316. Threat with intent to impede, intimidate, interfere, or retaliate against
3007 a judge or member of the Board of Pardons and Parole or acting against a family
3008 member of a judge or a member of the Board of Pardons and Parole.
3009 (1) (a) As used in this section:
3010 [
3011 Parole.
3012 [
3013 [
3014 [
3015
3016 (A) a judge of a court of record;
3017 (B) a judge of a court not of record; or
3018 (C) a court commissioner.
3019 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3020 (2) [
3021 with intent to impede, intimidate, interfere, or retaliate against a judge, board member, or
3022 family member if the actor threatens to assault, kidnap, or murder a judge, [
3023
3024 intimidate, or interfere with the judge or board member while engaged in the performance of
3025 the judge's or board member's official duties or with the intent to retaliate against the judge or
3026 board member on account of the performance of those official duties.
3027 (3) A violation of Subsection (2) is a third degree felony.
3028 [
3029
3030
3031
3032
3033
3034 [
3035
3036
3037
3038
3039
3040 [
3041
3042
3043
3044
3045 [
3046
3047 Section 60. Section 76-8-316.2 is enacted to read:
3048 76-8-316.2. Assault with intent to impede, intimidate, interfere, or retaliate
3049 against a judge or member of the Board of Pardons and Parole or acting against a family
3050 member of a judge or a member of the Board of Pardons and Parole.
3051 (1) (a) As used in this section:
3052 (i) "Board member" means the same as that term is defined in Section 76-8-316.
3053 (ii) "Family member" means the same as that term is defined in Section 76-8-316.
3054 (iii) "Judge" means the same as that term is defined in Section 76-8-316.
3055 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3056 (2) An actor commits assault with intent to impede, intimidate, interfere, or retaliate
3057 against a judge, board member, or family member if the actor commits an assault on a judge, a
3058 board member, or a family member with the intent to impede, intimidate, or interfere with the
3059 judge or board member while engaged in the performance of the judge's or board member's
3060 official duties, or with the intent to retaliate against the judge or board member on account of
3061 the performance of those official duties.
3062 (3) A violation of Subsection (2) is a second degree felony.
3063 Section 61. Section 76-8-316.4 is enacted to read:
3064 76-8-316.4. Aggravated assault with intent to impede, intimidate, interfere, or
3065 retaliate against a judge or member of the Board of Pardons and Parole or acting against
3066 a family member of a judge or a member of the Board of Pardons and Parole.
3067 (1) (a) As used in this section:
3068 (i) "Board member" means the same as that term is defined in Section 76-8-316.
3069 (ii) "Family member" means the same as that term is defined in Section 76-8-316.
3070 (iii) "Judge" means the same as that term is defined in Section 76-8-316.
3071 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3072 (2) An actor commits aggravated assault with intent to impede, intimidate, interfere, or
3073 retaliate against a judge, board member, or family member if the actor commits aggravated
3074 assault on a judge, a board member, or a family member with the intent to impede, intimidate,
3075 or interfere with the judge or board member while engaged in the performance of the judge's or
3076 board member's official duties, or with the intent to retaliate against the judge or board member
3077 on account of the performance of those official duties.
3078 (3) A violation of Subsection (2) is a first degree felony.
3079 Section 62. Section 76-8-316.6 is enacted to read:
3080 76-8-316.6. Attempted murder with intent to impede, intimidate, interfere, or
3081 retaliate against a judge or member of the Board of Pardons and Parole or acting against
3082 a family member of a judge or a member of the Board of Pardons and Parole.
3083 (1) (a) As used in this section:
3084 (i) "Board member" means the same as that term is defined in Section 76-8-316.
3085 (ii) "Family member" means the same as that term is defined in Section 76-8-316.
3086 (iii) "Judge" means the same as that term is defined in Section 76-8-316.
3087 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3088 (2) An actor commits attempted murder with intent to impede, intimidate, interfere, or
3089 retaliate against a judge, board member, or family member if the actor commits attempted
3090 murder on a judge, a board member, or a family member with the intent to impede, intimidate,
3091 or interfere with the judge or board member while engaged in the performance of the judge's or
3092 board member's official duties, or with the intent to retaliate against the judge or board member
3093 on account of the performance of those official duties.
3094 (3) A violation of Subsection (2) is a first degree felony.
3095 (4) A member of the Board of Pardons and Parole is an executive officer for purposes
3096 of Subsection 76-5-202(2)(a)(xiii).
3097 Section 63. Section 76-8-317 is amended to read:
3098 76-8-317. Refusal to comply with an order to evacuate or order issued in a local
3099 or state emergency.
3100 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3101 (2) [
3102 evacuate or order issued in a local or state emergency if the actor:
3103 (a) receives notice of:
3104 (i) an order to evacuate issued under [
3105 Title 53, Chapter 2a, Emergency Management Act; or
3106 (ii) an order issued:
3107 (A) by the governor in a state of an emergency under Section 53-2a-204; or
3108 (B) by a chief executive officer in a local emergency under Section 53-2a-205[
3109
3110 (b) refuses to comply with the order described in Subsection (2)(a).
3111 [
3112 is a class B misdemeanor.
3113 Section 64. Section 76-8-318 is amended to read:
3114 76-8-318. Assault or threat of violence against child welfare worker.
3115 (1) (a) As used in this section:
3116 [
3117 76-5-102.
3118 [
3119 Family Services created in Section 80-2-201.
3120 [
3121 under Section 76-5-107.
3122 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3123 (2) [
3124
3125 against child welfare worker if:
3126 (a) the [
3127 (i) a prisoner or an individual detained under Section 77-7-15; or
3128 (ii) a minor in the custody of or receiving services from a division within the
3129 Department of Health and Human Services;
3130 (b) the [
3131 (c) the child welfare worker was acting within the scope of the child welfare worker's
3132 authority at the time of the assault or threat of violence.
3133 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
3134 A misdemeanor.
3135 (b) [
3136 is a third degree felony if the [
3137 [
3138 [
3139 Section 65. Section 76-8-319, which is renumbered from Section 76-8-311.5 is
3140 renumbered and amended to read:
3141 [
3142 Trespass of a secure care facility -- Criminal penalties.
3143 (1) (a) As used in this section:
3144 [
3145 (A) leaves a facility without permission; or
3146 (B) fails to return at a prescribed time.
3147 (ii) "Abscond from supervision" means an adjudicated minor:
3148 (A) changes the adjudicated minor's residence from the residence that the adjudicated
3149 minor reported to the division as the adjudicated minor's correct address to another residence,
3150 without notifying the division or obtaining permission; or
3151 (B) for the purpose of avoiding supervision:
3152 (I) hides at a different location from the adjudicated minor's reported residence; or
3153 (II) leaves the adjudicated minor's reported residence.
3154 (iii) "Adjudicated minor" means the same as the term "minor" is defined in Section
3155 80-6-501.
3156 (iv) "Division" means the Division of Juvenile Justice Services created in Section
3157 80-5-103.
3158 (v) "Facility" means the same as the term "detention facility" is defined in Section
3159 80-1-102.
3160 [
3161 [
3162 [
3163 80-1-102.
3164 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3165 [
3166
3167 [
3168
3169 [
3170
3171 [
3172
3173 [
3174 or concealing an adjudicated minor if the actor:
3175 (a) knowingly harbors or conceals [
3176 (i) escaped from secure care; or
3177 (ii) [
3178 (A) a facility or supervision; or
3179 (B) supervision of the division; or
3180 (b) willfully aided or assisted [
3181 lawfully committed to a secure care facility in escaping or attempting to escape from the secure
3182 care facility.
3183 [
3184 [
3185
3186 [
3187 [
3188 [
3189 [
3190
3191
3192 [
3193 [
3194 [
3195 (3) A violation of Subsection (2) is a third degree felony.
3196 Section 66. Section 76-8-320 is enacted to read:
3197 76-8-320. Trespass of a secure care facility.
3198 (1) (a) As used in this section:
3199 (i) "Juvenile offender" means the same as that term is defined in Section 76-8-311.5.
3200 (ii) "Secure care facility" means the same as that term is defined in Section 76-8-311.5.
3201 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3202 (2) An actor commits trespass of a secure care facility if the actor:
3203 (a) without permission, enters or attempts to enter a building or enclosure appropriated
3204 to the use of juvenile offenders;
3205 (b) (i) enters any premises belonging to a secure care facility; and
3206 (ii) commits or attempts to commit a trespass or damage on the premises of the secure
3207 care facility; or
3208 (c) willfully annoys or disturbs the peace and quiet of:
3209 (i) a secure care facility; or
3210 (ii) of a juvenile offender in a secure care facility.
3211 (3) A violation of Subsection (2) is a class A misdemeanor.
3212 Section 67. Section 76-8-402 is amended to read:
3213 76-8-402. Misusing public money or public property -- Disqualification from
3214 office.
3215 (1) (a) As used in this section, "authorized personal use" means:
3216 [
3217 servant if:
3218 [
3219 fulfill the [
3220 [
3221 public property is to fulfill the [
3222 [
3223 matter, a written policy of the [
3224 the [
3225 the primary purpose of fulfilling the [
3226 [
3227 manner and in accordance with the policy described in Subsection [
3228 [
3229
3230 [
3231
3232 outweighs the personal benefit received by the [
3233 public property for a personal matter; and
3234 [
3235 is not prohibited by law or by the [
3236 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3237 (2) [
3238 public property if the actor is a public servant and knowingly:
3239 (a) [
3240 benefit or to the use or benefit of another person without authority of law;
3241 (b) [
3242 (c) [
3243 disbursed by authority of law;
3244 (d) [
3245 written policy of the [
3246 (e) [
3247 of, or relating to, public money;
3248 (f) fraudulently [
3249 an account described in Subsection (2)(e);
3250 (g) [
3251 [
3252 drawn upon the public money by competent authority;
3253 (h) [
3254 (i) [
3255 authorized by law to receive public money, public money received by the [
3256 under any duty imposed on the [
3257 (j) [
3258 written policy of the [
3259 (k) [
3260 with the intent to deprive the owner of possession of the public property;
3261 (l) [
3262 with the intent to temporarily appropriate, possess, use, or deprive the owner of possession of
3263 the public property;
3264 (m) [
3265 or benefit or to the use or benefit of another person without authority of law;
3266 (n) [
3267 (o) [
3268 returned to the property owner[
3269 written policy of the [
3270 (3) (a) Except as provided [
3271 Subsections (2)(a) through (i) is a third degree felony [
3272 [
3273
3274 [
3275 [
3276 [
3277 [
3278 fraudulently altered amount exceeds $5,000; or
3279 [
3280 account exceeds $5,000.
3281 [
3282 [
3283 less than $500;
3284 [
3285 $500 or more, but less than $1,500;
3286 [
3287 public property is $1,500 or more, but less than $5,000; or
3288 [
3289 the public property is $5,000 or more.
3290 [
3291 [
3292 [
3293 but less than $1,500;
3294 [
3295 is $1,500 or more, but less than $5,000; or
3296 [
3297 property is $5,000 or more.
3298 [
3299 [
3300 [
3301 but less than $1,500;
3302 [
3303 more, but less than $5,000; or
3304 [
3305 is $5,000 or more.
3306 [
3307
3308 [
3309 [
3310 [
3311 [
3312 [
3313 (a) subsequent to the violation, a public entity modifies or adopts a policy or law, or
3314 takes other action, to retroactively authorize, approve, or ratify the conduct that constitutes a
3315 violation; or
3316 (b) a written policy of the [
3317 the public property if it is proven, beyond a reasonable doubt, that the [
3318 not comply with the written policy.
3319 (5) Subsections (2)(j) through (2)(o) do not apply to the authorized personal use of
3320 public property.
3321 (6) In addition to the punishment described in Subsection (3), an actor who:
3322 (a) is convicted of a felony offense under this section may not disburse public funds or
3323 access public accounts; or
3324 (b) is a public officer and is convicted of a felony offense under this section is
3325 disqualified from holding public office if:
3326 (i) regardless of whether the public officer receives, safekeeps, transfers, disburses, or
3327 has a fiduciary relationship with public money, the public officer makes a profit from or out of
3328 public money or public property; or
3329 (ii) the public officer uses public money or public property in a manner or for a
3330 purpose not authorized by law.
3331 Section 68. Section 76-8-403 is amended to read:
3332 76-8-403. Failure to keep and pay over public money.
3333 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3334 (2) Except as otherwise provided in Subsection [
3335 76-8-402(3)(b), an actor commits failure to keep and pay over public money if the actor:
3336 (a) receives, safekeeps, transfers, or disburses public money [
3337 (b) neglects or fails to keep and pay over the public money in the manner prescribed by
3338 law [
3339 (3) A violation of Subsection (2) is a third degree felony.
3340 Section 69. Section 76-8-405 is amended to read:
3341 76-8-405. Failure to pay over a fine, forfeiture, or fee.
3342 [
3343 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3344 (2) An actor commits failure to pay over a fine, forfeiture, or fee if the actor:
3345 (a) is a public officer;
3346 (b) receives any fine, forfeiture, or fee; and
3347 (c) refuses or neglects to pay [
3348 prescribed by law [
3349 (3) A violation of Subsection (2) is a class B misdemeanor.
3350 Section 70. Section 76-8-406 is amended to read:
3351 76-8-406. Obstructing the collection of revenue.
3352 [
3353 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3354 (2) An actor commits obstructing the collection of revenue if the actor willfully
3355 obstructs or hinders [
3356 or other sums of money from collecting [
3357 [
3358
3359 (3) A violation of Subsection (2) is a class B misdemeanor.
3360 Section 71. Section 76-8-407 is amended to read:
3361 76-8-407. Refusing to give accurate tax assessment information.
3362 [
3363 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3364 (2) An actor commits refusing to give accurate tax assessment information if the actor:
3365 (a) unlawfully refuses, upon demand, to give to [
3366 county assessor a list of [
3367 or [
3368 (b) gives a false name, or fraudulently refuses to give [
3369 demanded by the county assessor or deputy county assessor in the discharge of [
3370 assessor's official duties[
3371 (3) A violation of Subsection (2) is a class B misdemeanor.
3372 Section 72. Section 76-8-408 is amended to read:
3373 76-8-408. Giving a false tax receipt or failing to give a receipt.
3374 [
3375 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3376 (2) An actor commits giving a false tax receipt or failing to give a receipt if the actor:
3377 (a) uses or gives [
3378 payment for [
3379 (b) receives payment for the tax or license without delivering the receipt prescribed by
3380 law[
3381 (3) A violation of Subsection (2) is a class B misdemeanor.
3382 Section 73. Section 76-8-409 is amended to read:
3383 76-8-409. Refusing to give a tax assessor or tax or license fee collector a list of
3384 employees.
3385 [
3386
3387 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3388 (2) An actor commits refusing to give a tax assessor or tax or license fee collector a list
3389 of employees if the actor refuses to give [
3390 each [
3391
3392 requested by the assessor or collector.
3393 (3) A violation of Subsection (2) is a class B misdemeanor.
3394 Section 74. Section 76-8-409.2 is enacted to read:
3395 76-8-409.2. Denying a tax assessor or tax or license fee collector access to a
3396 building or place of employment.
3397 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3398 (2) An actor commits denying a tax assessor or tax or license fee collector access to a
3399 building or place of employment if the actor refuses to give the assessor or collector access to
3400 the building or place of employment when access is requested by the assessor or collector.
3401 (3) A violation of Subsection (2) is a class B misdemeanor.
3402 Section 75. Section 76-8-410 is amended to read:
3403 76-8-410. Doing business without a license.
3404 [
3405 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3406 (2) An actor commits doing business without a license if the actor commences or
3407 carries on [
3408 which a license is required by [
3409 [
3410
3411 (3) A violation of Subsection (2) is a class B misdemeanor.
3412 Section 76. Section 76-8-411 is amended to read:
3413 76-8-411. Trafficking in warrants.
3414 [
3415 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3416 (2) An actor commits trafficking in warrants if the actor:
3417 (a) is a state, county, city, town, or district officer; and
3418 (b) [
3419 indirectly contracts for or purchases a warrant or order issued by the state, county, city, town,
3420 or district of which [
3421 the warrant or order[
3422
3423 (3) A violation of Subsection (2) is a class B misdemeanor.
3424 Section 77. Section 76-8-412 is amended to read:
3425 76-8-412. Stealing, destroying or mutilating public records by custodian.
3426 [
3427
3428
3429
3430
3431 (1) (a) As used in this section, "public record" means the following records filed or
3432 deposited in a public office:
3433 (i) a record;
3434 (ii) a map;
3435 (iii) a book; or
3436 (iv) a paper or proceeding of a court.
3437 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3438 (2) An actor commits stealing, destroying, or mutilating a public record by a custodian
3439 if the actor:
3440 (a) is a government officer who has custody of a public record; and
3441 (b) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes, or secrets the
3442 whole or a part of the public record or permits another individual to do so.
3443 (3) A violation of Subsection (2) is a third degree felony.
3444 Section 78. Section 76-8-413 is amended to read:
3445 76-8-413. Stealing, destroying or mutilating public records by one not custodian.
3446 [
3447
3448 (1) (a) As used in this section, "public record" means the same as that term is defined
3449 in Section 76-8-412.
3450 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3451 (2) An actor commits stealing, destroying, or mutilating a public record by a
3452 noncustodian if the actor:
3453 (a) does not have lawful custody of a public record; and
3454 (b) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes, or secrets the
3455 whole or a part of the public record or permits another individual to do so.
3456 (3) A violation of Subsection (2) is a class A misdemeanor.
3457 Section 79. Section 76-8-414 is amended to read:
3458 76-8-414. Recording a false or forged instrument.
3459 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3460 (2) [
3461 actor knowingly procures or offers [
3462 recorded in [
3463 recorded under [
3464
3465 (3) A violation of Subsection (2) is a third degree felony.
3466 Section 80. Section 76-8-415 is amended to read:
3467 76-8-415. Damaging or removing a monument of an official survey.
3468 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3469 (2) [
3470 official survey if the actor willfully injures, defaces, or removes [
3471 building, or appurtenance thereto, placed, erected, or used by persons engaged in the United
3472 States or state survey [
3473 (3) A violation of Subsection (2) is a class B misdemeanor.
3474 Section 81. Section 76-8-416 is amended to read:
3475 76-8-416. Taking a toll or maintaining a road, bridge, or ferry without authority.
3476 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3477 (2) [
3478 ferry without authority if the actor, without authority:
3479 (a) demands or receives compensation for the use of [
3480 (b) sets up or keeps [
3481 of receiving remuneration for [
3482
3483
3484
3485 (3) A violation of Subsection (2) is a class B misdemeanor.
3486 Section 82. Section 76-8-416.2 is enacted to read:
3487 76-8-416.2. Refusal to pay a lawful toll.
3488 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3489 (2) An actor commits refusal to pay a lawful toll if the actor, after having used a
3490 licensed toll road, bridge, ferry, or constructed ford, refuses to pay on demand the
3491 compensation or fee authorized to be collected for use of the licensed toll road, bridge, ferry, or
3492 constructed ford.
3493 (3) A violation of Subsection (2) is a class B misdemeanor.
3494 Section 83. Section 76-8-417 is amended to read:
3495 76-8-417. Tampering with an official notice or proclamation.
3496 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3497 (2) [
3498 proclamation if the actor intentionally defaces, obliterates, tears down, or destroys:
3499 (a) [
3500 of this state[
3501 (b) [
3502 authority of [
3503 [
3504 advertisement, or notice was to remain set up[
3505 (3) A violation of Subsection (2) is an infraction.
3506 Section 84. Section 76-8-418 is amended to read:
3507 76-8-418. Damaging a jail or other place of confinement.
3508 (1) (a) As used in this section:
3509 [
3510 [
3511 80-1-102.
3512 [
3513 80-1-102.
3514 [
3515 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3516 (2) [
3517 the actor willfully and intentionally breaks down, pulls down, destroys, floods, or otherwise
3518 damages [
3519 shelter facility, or a secure care facility[
3520 (3) A violation of Subsection (2) is a third degree felony.
3521 [
3522 an offense against a public jail, a detention facility, a shelter facility, or a secure care facility.
3523 Section 85. Section 76-8-419 is amended to read:
3524 76-8-419. Damaging a highway or bridge.
3525 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3526 (2) [
3527 intentionally, knowingly, or recklessly digs up, removes, displaces, breaks, or otherwise
3528 damages or destroys [
3529 authority of law, or [
3530
3531 (3) Except as provided in Subsection (4), a violation of Subsection (2) is a third degree
3532 felony.
3533 [
3534 penalty under another provision of Title 76, Utah Criminal Code, than is provided under this
3535 section, this section does not prohibit the prosecution and sentencing for the offense subject to
3536 a greater penalty.
3537 Section 86. Section 76-8-420 is amended to read:
3538 76-8-420. Removing or damaging a road sign.
3539 [
3540
3541
3542 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3543 (2) An actor commits removing or damaging a road sign if the actor intentionally or
3544 knowingly removes or damages:
3545 (a) a milepost, milestone, or guidepost erected on a highway; or
3546 (b) an inscription on a milepost, milestone, or guidepost.
3547 (3) A violation of Subsection (2) is a class B misdemeanor.
3548 Section 87. Section 76-8-501 is amended to read:
3549 76-8-501. Definitions.
3550 As used in this part:
3551 (1) "False statement" includes a false unsworn declaration[
3552
3553 (2) "Material" means capable of affecting the course or outcome of an official
3554 proceeding, unless the [
3555 retracts the statement or information before the earlier of:
3556 (a) the end of the official proceeding in which the statement was made or the
3557 information was provided;
3558 (b) when it becomes manifest that the false or misleading nature of the statement or
3559 information has been or will be exposed; or
3560 (c) when the statement or information substantially affects the proceeding.
3561 (3) "Official proceeding" means:
3562 (a) [
3563 (i) a legislative, judicial, administrative, or other governmental body or official
3564 authorized by law to take evidence under oath or affirmation;
3565 (ii) a notary; or
3566 (iii) [
3567 described in Subsection (3)(a)(i);
3568 (b) [
3569 proceeding, or other civil or administrative adjudicative process; or
3570 (c) an investigation or audit conducted by:
3571 (i) the Legislature, or a house, committee, subcommittee, or task force of the
3572 Legislature; or
3573 (ii) an employee or independent contractor of an entity described in Subsection
3574 (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i).
3575 (4) "Unsworn declaration" means the same as that term is defined in Section
3576 78B-18a-102.
3577 Section 88. Section 76-8-502 is amended to read:
3578 76-8-502. Making a false or inconsistent material statement.
3579 [
3580 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3581 section.
3582 (2) [
3583 actor:
3584 (a) makes a false material statement under oath or affirmation or swears or affirms the
3585 truth of a material statement previously made and [
3586 to be true; or
3587 [
3588 within the period of limitations, one of which is false and [
3589 not believe to be true.
3590 (3) A violation of Subsection (2) is a second degree felony.
3591 (4) It is not a defense to prosecution under this section that the oath or affirmation was
3592 administered or taken in an irregular manner.
3593 (5) (a) In a prosecution for a violation of Subsection (2)(a), the falsity of an actor's
3594 statement may not be established solely through contradiction by the testimony of a single
3595 witness.
3596 (b) In a prosecution for a violation of Subsection (2)(b), it need not be alleged or
3597 proved which of the statements are false but only that one or the other statement is false and
3598 not believed by the actor to be true.
3599 Section 89. Section 76-8-503 is amended to read:
3600 76-8-503. Making a false or inconsistent statement.
3601 (1) [
3602
3603 [
3604 false or inconsistent statement if the actor:
3605 (a) makes a false statement under oath or affirmation or swears or affirms the truth of
3606 the statement previously made and the [
3607 if:
3608 (i) the falsification occurs in an official proceeding, or is made with a purpose to
3609 mislead a public servant in performing the public servant's official functions; or
3610 (ii) the statement is one that is authorized by law to be sworn or affirmed before a
3611 notary or other [
3612 (b) [
3613 the period of limitations, one of which is false and not believed by the [
3614 (3) A violation of Subsection (2) is a class B misdemeanor.
3615 (4) (a) It is not a defense to prosecution under this section that the oath or affirmation
3616 was administered or taken in an irregular manner.
3617 (b) It is a defense to prosecution under this section that the actor retracted the false
3618 statement before it became manifest that the falsity of the statement had been or would be
3619 exposed.
3620 (5) (a) In a prosecution for a violation of Subsection (2)(a), the falsity of an actor's
3621 statement may not be established solely through contradiction by the testimony of a single
3622 witness.
3623 (b) In a prosecution for a violation of Subsection (2)(b), it need not be alleged or
3624 proved which of the statements are false but only that one or the other statement is false and
3625 not believed by the actor to be true.
3626 [
3627 described in Section 36-12-9.5.
3628 [
3629
3630 Section 90. Section 76-8-504 is amended to read:
3631 76-8-504. Making a written false statement.
3632 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3633 section.
3634 (2) An actor commits [
3635 (a) the actor makes a statement that the actor does not believe to be true on or under a
3636 form bearing a notification authorized by law to the effect that [
3637
3638 (b) with intent to deceive a public servant in the performance of the public servant's
3639 official function, the actor:
3640 (i) makes a written false statement that the actor does not believe to be true;
3641 (ii) knowingly creates a false impression in a written application for a pecuniary or
3642 other benefit by omitting information necessary to prevent a statement in the application from
3643 being misleading;
3644 (iii) submits or invites reliance on a writing that the actor knows to be lacking in
3645 authenticity; or
3646 (iv) submits or invites reliance on a sample, specimen, map, boundary mark, or other
3647 object that the actor knows to be false.
3648 [
3649 [
3650 (b) A violation of Subsection [
3651 on a financial declaration described in Section 77-38b-204.
3652 [
3653
3654 (4) (a) An actor does not violate this section if the actor retracted the false statement
3655 before it became manifest that the falsity of the statement had been or would be exposed.
3656 (b) It is not a defense to prosecution under this section that, if applicable, an oath or
3657 affirmation was administered or taken in an irregular manner.
3658 Section 91. Section 76-8-504.5 is amended to read:
3659 76-8-504.5. Making a false statement to be used in a preliminary hearing.
3660 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3661 section.
3662 (2) [
3663 making a false statement to be used in a preliminary hearing if the actor makes a false
3664 statement that:
3665 (a) [
3666 (b) [
3667 hearing; and
3668 (c) the actor made after having been notified either verbally or in writing that:
3669 (i) the statement may be used in a preliminary hearing before a magistrate or a judge;
3670 and
3671 (ii) if the [
3672 [
3673 (3) A violation of Subsection (2) is a class A misdemeanor.
3674 (4) It is not a defense to prosecution under this section that, if applicable, an oath or
3675 affirmation was administered or taken in an irregular manner.
3676 [
3677 the notification is verbal or written and is in substantially the following form: "You are notified
3678 that statements you are about to make may be presented to a magistrate or a judge in lieu of
3679 your sworn testimony at a preliminary examination. Any false statement you make and that
3680 you do not believe to be true may subject you to criminal punishment as a class A
3681 misdemeanor."
3682 Section 92. Section 76-8-504.6 is amended to read:
3683 76-8-504.6. Providing false or misleading information.
3684 (1) (a) As used in this section, "officer of the court" means:
3685 (i) a prosecutor;
3686 (ii) a judge;
3687 (iii) a court clerk;
3688 (iv) an interpreter;
3689 (v) a presentence investigator;
3690 (vi) a probation officer;
3691 (vii) a parole officer; or
3692 (viii) an individual reasonably believed to be gathering information for a criminal
3693 proceeding.
3694 (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3695 section.
3696 (2) [
3697 providing false or misleading information if the actor, not under oath or affirmation,
3698 intentionally or knowingly provides false or misleading material information to:
3699 (a) an officer of the court for the purpose of influencing a criminal proceeding; or
3700 (b) the Bureau of Criminal Identification for the purpose of obtaining a certificate of
3701 eligibility for:
3702 (i) expungement; or
3703 (ii) removal of the person's name from the White Collar Crime Registry created in Title
3704 77, Chapter 42, Utah White Collar Crime Offender Registry.
3705 (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class B
3706 misdemeanor.
3707 [
3708 [
3709 [
3710 [
3711 [
3712 [
3713 [
3714 [
3715 [
3716
3717 [
3718 76-8-306 or any other provision of this code carrying a greater penalty.
3719 Section 93. Section 76-8-506 is amended to read:
3720 76-8-506. Providing false information to a law enforcement officer, government
3721 agency, or specified professional.
3722 [
3723 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3724 section.
3725 (2) An actor commits providing false information to a law enforcement officer,
3726 government agency, or specified professional if the actor knowingly gives or causes to be
3727 given:
3728 (a) false information to [
3729 or personnel with a purpose of inducing the recipient of the information to believe that another
3730 person has committed an offense;
3731 [
3732 commission of an offense to a peace officer, [
3733 personnel, or to [
3734 psychology, or marriage and family therapy, [
3735
3736 information relating to the offense or danger; or
3737 [
3738 local government agency or personnel with a purpose of inducing a change in the [
3739 actor's licensing or certification status or the licensing or certification status of another person.
3740 (3) A violation of Subsection (2) is a class B misdemeanor.
3741 Section 94. Section 76-8-507 is amended to read:
3742 76-8-507. Providing false personal information to a peace officer.
3743 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3744 section.
3745 (2) [
3746 personal information to a peace officer if the actor knowingly:
3747 (a) with intent of misleading a peace officer as to the [
3748 date, or place of residence, [
3749 [
3750 [
3751 peace officer to believe that the [
3752 the name, birth date, or address of another [
3753 the lawful discharge of the peace officer's official duties.
3754 (3) (a) A violation of Subsection (2)(a) is a class C misdemeanor.
3755 (b) A violation of Subsection (2)(b) is a class A misdemeanor.
3756 Section 95. Section 76-8-508 is amended to read:
3757 76-8-508. Tampering with a witness.
3758 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3759 section.
3760 (2) [
3761 a witness if[
3762 (a) (i) [
3763 about to be instituted[
3764 (ii) [
3765 (b) [
3766 [
3767 [
3768 [
3769 [
3770 which [
3771 [
3772
3773
3774 (3) A violation of Subsection (2) is a third degree felony.
3775 [
3776 violation under this section does not merge with [
3777 committed in the course of [
3778 Section 96. Section 76-8-508.3 is amended to read:
3779 76-8-508.3. Retaliation against a witness, victim, or informant.
3780 [
3781 (1) (a) [
3782 associated with a witness, victim, or informant [
3783 member of the witness', victim's, or informant's family, has a close personal or business
3784 relationship with the witness or victim, or resides in the same household with the witness,
3785 victim, or informant.
3786 (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3787 section.
3788 [
3789
3790 [
3791
3792
3793 [
3794 [
3795 [
3796 [
3797
3798 [
3799 [
3800 actor:
3801 (a) believes that an official proceeding or investigation is pending, is about to be
3802 brought, or has been concluded;
3803 (b) makes a threat of harm or causes harm; and
3804 (c) directs the threat or action causing harm as retaliation or retribution against a
3805 witness or an informant involved in an official proceeding, a victim of a crime, or an individual
3806 closely associated with a witness, victim, or informant.
3807 (3) A violation of Subsection (2) is a third degree felony.[
3808
3809 (4) [
3810 under this section does not merge with [
3811 the course of [
3812 (5) This section does not prohibit an individual from seeking other legal redress to
3813 which the individual is otherwise entitled.
3814 Section 97. Section 76-8-508.5 is amended to read:
3815 76-8-508.5. Tampering or retaliating against a juror.
3816 (1) (a) As used in this section, "juror" means [
3817 [
3818 [
3819 juror on any grand jury of the state.
3820 (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3821 section.
3822 (2) [
3823 retaliating against a juror if the actor:
3824 (a) attempts to or actually influences a juror in the discharge of the juror's service by:
3825 [
3826 [
3827 [
3828 [
3829 be a threat to injure:
3830 [
3831 [
3832 welfare the juror is interested[
3833 [
3834 unlawful act in retaliation for [
3835 the juror's service:
3836 [
3837 [
3838 welfare the juror is interested.
3839 [
3840 felony.
3841 Section 98. Section 76-8-508.7 is enacted to read:
3842 76-8-508.7. Receiving or soliciting a bribe as a witness.
3843 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3844 section.
3845 (2) An actor commits receiving or soliciting a bribe as a witness if the actor:
3846 (a) believes that an official proceeding or investigation is pending or about to be
3847 instituted; and
3848 (b) solicits, accepts, or agrees to accept a benefit in consideration of the actor:
3849 (i) testifying or informing falsely;
3850 (ii) withholding testimony, information, a document, or an item;
3851 (iii) eluding legal process summoning the actor to provide evidence; or
3852 (iv) absenting the actor from a proceeding or investigation to which the actor has been
3853 summoned.
3854 (3) A violation of Subsection (2) is a third degree felony.
3855 (4) A violation under this section does not merge with another substantive offense
3856 committed in the course of violating this section.
3857 Section 99. Section 76-8-509 is amended to read:
3858 76-8-509. Extortion or bribery to dismiss a criminal proceeding.
3859 (1) (a) As used in this section, "victim" includes a child or other individual under the
3860 care or custody of a parent or guardian.
3861 (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3862 section.
3863 (2) [
3864 extortion or bribery to dismiss a criminal proceeding if the actor attempts to induce an alleged
3865 victim of a crime to take an action to secure the dismissal or to prevent the filing of a criminal
3866 complaint, indictment, or information by:
3867 (a) the use of force; or
3868 (b) [
3869
3870
3871
3872 threat that would constitute a means of committing the offense of theft by extortion under
3873 Section 76-6-406 if the threat were employed to obtain property or by promise of a reward or
3874 pecuniary benefit
3875 (3) A violation of Subsection (2) is a second degree felony.
3876 [
3877
3878 Section 100. Section 76-8-510.5 is amended to read:
3879 76-8-510.5. Tampering with evidence.
3880 (1) (a) As used in this section, "thing or item" includes any document, record book,
3881 paper, file, electronic compilation, or other evidence.
3882 (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3883 section.
3884 (2) [
3885 the actor:
3886 (a) (i) believes that an official proceeding or investigation is pending or about to be
3887 instituted[
3888 (ii) intends to prevent an official proceeding or investigation or to prevent the
3889 production of [
3890 official proceeding or investigation[
3891 (b) knowingly or intentionally:
3892 [
3893 impairing the veracity or availability of the thing or item in the proceeding or investigation; or
3894 [
3895 to be false with the purpose of deceiving a public servant or [
3896 engaged in the proceeding or investigation.
3897 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
3898 A misdemeanor.
3899 (b) A violation of Subsection (2) is a third degree felony if the offense is committed in
3900 conjunction with an official proceeding.
3901 [
3902 Section 76-8-306.
3903 [
3904
3905 [
3906
3907 Section 101. Section 76-8-511 is amended to read:
3908 76-8-511. Falsification or alteration of a government record.
3909 [
3910 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3911 section.
3912 (2) An actor commits falsification or alteration of a government record if, under
3913 circumstances not amounting to an offense subject to a greater penalty under Title 76, Chapter
3914 6, Part 5, Fraud, [
3915 [
3916 received, or kept by the government for information or record, or required by law to be kept for
3917 information of the government;
3918 [
3919 taken as a genuine part of information or [
3920 or
3921 [
3922 of the information or [
3923 impairment is unlawful.
3924 (d) Except as provided in Subsection (4), a violation of Subsection (2) is a class B
3925 misdemeanor.
3926 Section 102. Section 76-8-512 is amended to read:
3927 76-8-512. Impersonation of officer.
3928 [
3929 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3930 section.
3931 [
3932 (a) impersonates a public servant or a peace officer with intent to deceive another
3933 individual or with intent to induce another individual to submit to [
3934 official authority or to rely upon [
3935 [
3936 intent to deceive another individual or to induce another individual to submit to [
3937 pretended official authority or to rely upon [
3938 [
3939 other form of identification, [
3940 governmental entity, or a reasonable facsimile of any of these items, with the intent to deceive
3941 another individual or with the intent to induce another individual to submit to [
3942 pretended official authority or to rely upon [
3943 (3) A violation of Subsection (2) is a class B misdemeanor.
3944 Section 103. Section 76-8-513 is amended to read:
3945 76-8-513. Sending a false judicial or official notice.
3946 [
3947
3948
3949
3950
3951
3952 (1) (a) As used in this section:
3953 (i) "Official document" means:
3954 (A) a summons, complaint, court order, or process; or
3955 (B) an insignia, seal, or printed form of a federal, state, or local governmental entity or
3956 an instrumentality of a federal, state, or local governmental entity.
3957 (ii) (A) "False official document" means a document that has the appearance or format
3958 of an official document but that has not been sanctioned by the relevant governmental entity.
3959 (B) "False official document" includes a document calculated to induce an individual
3960 to believe that the document is an official document of the relevant governmental entity.
3961 (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3962 section.
3963 (2) An actor commits sending a false judicial or official notice if the actor knowingly
3964 sends, mails, or delivers to an individual a false official document with the purpose to procure
3965 the compliance of the individual.
3966 (3) A violation of Subsection (2) is a class B misdemeanor.
3967 Section 104. Section 76-8-515 is amended to read:
3968 76-8-515. Impersonation of a utility officer or employee.
3969 (1) (a) As used in this section:
3970 (i) "Critical infrastructure facility" means the same as that term is defined in Section
3971 76-6-106.3.
3972 (ii) "Sabotage" means the same as that term is defined in Section 76-8-901.
3973 (iii) "Terrorism" means the same as that term is defined in Section 53-2a-102.
3974 (iv) "Utility" means a private or governmental entity operating a critical infrastructure
3975 facility.
3976 (b) Terms defined [
3977 76-8-101, and 76-8-501 apply to this section.
3978 (2) An actor commits impersonation of a utility officer or employee if the actor,
3979 without authority from a utility:
3980 (a) intends to lead an individual to believe that the actor is acting on behalf of the
3981 utility in an official capacity; and
3982 (b) attempts to act on behalf of the utility.
3983 (3) (a) [
3984 class A misdemeanor.
3985 (b) [
3986 degree felony if the actor, while taking the action described in Subsection (2), intends to
3987 commit an act of terrorism or sabotage.
3988 Section 105. Section 76-8-601 is amended to read:
3989 76-8-601. Wrongful commencement of an action in justice court.
3990 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3991 (2) An actor commits wrongful commencement of an action in justice court if the
3992 actor:
3993 (a) is:
3994 (i) a party to a suit or a proceeding; or
3995 (ii) an agent or attorney for a party to a suit or proceeding; and
3996 (b) [
3997
3998
3999
4000 commences, prosecutes, or maintains an action, suit, or proceeding in a justice court.
4001 (3) A violation of Subsection (2) is a class B misdemeanor.
4002 Section 106. Section 76-8-602 is amended to read:
4003 76-8-602. Wrongfully conferring jurisdiction upon a justice court.
4004 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4005 (2) [
4006 jurisdiction upon a justice court if the actor, for the purpose of conferring jurisdiction of a
4007 cause upon a justice court in a precinct or city that would be without jurisdiction except for the
4008 liability of the joint obligor, binds the actor's self, voluntarily becomes liable jointly or jointly
4009 and severally with [
4010
4011
4012
4013 person, or induces a person to assume a liability.
4014 (3) A violation of Subsection (2) is a class B misdemeanor.
4015 Section 107. Section 76-8-603 is amended to read:
4016 76-8-603. Wrongfully issued writ of attachment by a justice court judge.
4017 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4018 (2) [
4019 justice court judge if the actor:
4020 (a) is a justice court judge [
4021 (b) issues a writ of attachment[
4022
4023 (i) before the affidavit is filed[
4024 (ii) [
4025 requirements of Rule 64C of the Utah Rules of Civil Procedure.
4026 (3) [
4027 of Subsection (2) is a class B misdemeanor [
4028 (4) In addition to the penalty under Subsection (3), an actor is liable to the person
4029 whose property, credits, money, or earnings are attached for:
4030 (a) double the value of the attached property[
4031 (b) all costs paid by [
4032 (c) all damages incurred in the attachment proceedings.
4033 Section 108. Section 76-8-604 is enacted to read:
4034 76-8-604. Wrongful inducement to receive writ of attachment.
4035 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4036 (2) An actor commits wrongful inducement to receive writ of attachment if the actor:
4037 (a) is:
4038 (i) a party to an action, suit, or proceeding;
4039 (ii) an agent of a party to an action, suit, or proceeding; or
4040 (iii) an attorney of a party to an action, suit, or proceeding; and
4041 (b) advises, induces, or procures the issuance of a writ of attachment in the action, suit
4042 or proceeding:
4043 (i) before the affidavit is filed; or
4044 (ii) in which the affidavit filed does not conform substantially with the requirements of
4045 Rule 64C of the Utah Rules of Civil Procedure.
4046 (3) A violation of Subsection (2) is a class B misdemeanor.
4047 (4) In addition to the penalty under Subsection (3), an actor is liable to the person
4048 whose property, credits, money, or earnings are attached for:
4049 (a) double the value of the attached property;
4050 (b) all costs paid by the person; and
4051 (c) all damages incurred in the attachment proceedings.
4052 Section 109. Section 76-8-703 is amended to read:
4053 76-8-703. Criminal trespass upon an institution of higher education.
4054 (1) (a) As used in this section:
4055 (i) "Chief administrative officer" means the same as that term is defined in Section
4056 53B-20-107.
4057 (ii) "Enters" means intrusion of the entire body.
4058 (iii) "Institution of higher education" means the same as that term is defined in Section
4059 53B-20-107.
4060 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4061 (2) An actor commits criminal trespass upon an institution of higher education if the
4062 actor enters or remains on property that is owned, operated, or controlled by an institution of
4063 higher education:
4064 (a) after being ordered to leave by the chief administrative officer; or
4065 (b) without authorization if notice against entry or remaining has been given by:
4066 (i) personal communication to the person by the chief administrative officer or a person
4067 with apparent authority to act for the institution of higher education;
4068 (ii) the posting of signs reasonably likely to come to the attention of a trespasser;
4069 (iii) fencing or other enclosure obviously designed to exclude a trespasser; or
4070 (iv) a current order of suspension or expulsion.
4071 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
4072 B misdemeanor.
4073 (b) A violation of Subsection (2) is a class A misdemeanor if the actor has previously
4074 been convicted two or more times of a violation of Subsection (2).
4075 [
4076
4077 [
4078
4079 [
4080 [
4081 [
4082 [
4083 [
4084
4085 [
4086 [
4087
4088 [
4089
4090
4091 [
4092 institution of higher education, as defined in Section 53B-3-102, does not warrant an order to
4093 leave under Subsection [
4094 firearm is otherwise complying with all state laws regulating the possession and use of a
4095 firearm.
4096 [
4097
4098
4099
4100 [
4101
4102 [
4103 [
4104 [
4105 [
4106 leave under Subsection [
4107 Subsection [
4108 the process required by the institution of higher education's rules and regulations.
4109 [
4110
4111 Section 110. Section 76-8-705 is amended to read:
4112 76-8-705. Willful interference with lawful activities of students or faculty.
4113 (1) (a) As used in this section, "institution" means the same as that term is defined in
4114 Section 53B-20-107.
4115 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4116 (2) [
4117 interference with lawful activities of students or faculty if the actor, while on property that is
4118 owned, operated, or controlled by an institution [
4119 [
4120 [
4121 [
4122 [
4123 [
4124 of the member's duties; or
4125 [
4126 educational activities.
4127 (3) A violation of Subsection (2) is a class C misdemeanor.
4128 Section 111. Section 76-8-802 is amended to read:
4129 76-8-802. Destruction of property to interfere with preparations for defense or
4130 war.
4131 [
4132 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4133 (2) An actor commits destruction of property to interfere with preparations for defense
4134 or war if the actor:
4135 (a) intentionally destroys, impairs, injures, interferes, or tampers with real or personal
4136 property; and
4137 (b) [
4138 Subsection (2)(a) will hinder, delay, or interfere with the preparation of the United States [
4139
4140 prosecution of war by the United States[
4141 government.
4142 (3) A violation of Subsection (2) is a second degree felony.
4143 (4) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4144 conduct under Subsection (2) or the name of the actor may not be made public.
4145 Section 112. Section 76-8-803 is amended to read:
4146 76-8-803. Causing or omitting to note defects in articles used in preparation for
4147 defense or war.
4148 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4149 (2) [
4150 preparation for defense or war if the actor:
4151 (a) intentionally makes or causes to be made or omits to note on inspection [
4152 defect in [
4153 (b) [
4154 used in connection with the preparation of the United States [
4155 or of a state government for defense or for war, or for the prosecution of war by the United
4156 States[
4157
4158 (3) A violation of Subsection (2) is a third degree felony.
4159 (4) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4160 conduct under Subsection (2) or the name of the actor may not be made public.
4161 Section 113. Section 76-8-804 is amended to read:
4162 76-8-804. Attempts to commit crimes of sabotage.
4163 [
4164
4165
4166
4167
4168
4169
4170
4171 (1) (a) An actor that attempts to commit a crime under this part is punishable for the
4172 attempt as prescribed in Section 76-4-102.
4173 (b) In addition to the acts that constitute an attempt to commit a crime under the law of
4174 this state, an actor's conduct constitutes an attempt to commit a crime under this part if the
4175 actor:
4176 (i) solicits or incites another individual to commit a crime under this part;
4177 (ii) collects or assembles materials with the intent to use the materials to commit a
4178 crime under this part; or
4179 (iii) enters, with or without permission, a building, enclosure, or other premises
4180 intending to commit a crime under this part.
4181 (2) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4182 conduct under this section or the name of the actor may not be made public.
4183 Section 114. Section 76-8-805 is amended to read:
4184 76-8-805. Conspiracy to commit crimes of sabotage.
4185 (1) (a) If two or more [
4186 crime under this part and regardless of whether an additional act is done in furtherance of the
4187 conspiracy, each [
4188 (i) is guilty of conspiracy in accordance with Section 76-4-201; and
4189 (ii) notwithstanding Section 76-4-202, is subject to the same punishment as if [
4190 actor had committed the crime [
4191
4192 (b) It is not a defense or ground of suspension of judgment, sentence, or punishment
4193 [
4194 conspirators [
4195 amenable to justice or [
4196 conviction.
4197 (2) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4198 conduct under Subsection (1)(a) or the name of the actor may not be made public.
4199 Section 115. Section 76-8-807 is amended to read:
4200 76-8-807. Trespassing at a war or defense facility.
4201 [
4202
4203
4204
4205
4206
4207
4208
4209
4210
4211
4212
4213 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4214 (2) An actor commits trespassing at a war or defense facility if:
4215 (a) the actor intentionally enters a facility engaged in, or preparing to engage in, the
4216 manufacture, transportation, or storage of a product to be used in the preparation of the United
4217 States government or of a state government for defense or for war or in the prosecution of war
4218 by the United States government;
4219 (b) the actor does not have permission from the owner of the facility to enter; and
4220 (c) the facility has posted signs reading "No Entry Without Permission."
4221 [
4222
4223 misdemeanor.
4224 (4) (a) A peace officer or individual employed as a watchman, a guard, or in a
4225 supervisory capacity on the premises of a facility under this section may stop an individual
4226 found on the premises and detain the individual for the purpose of demanding the individual's
4227 name, address, and reason for being on the premises.
4228 (b) If the peace officer or individual employed as a watchman, a guard, or in a
4229 supervisory capacity on the premises of a facility under this section has reason to believe that
4230 an individual stopped on the facility's premises has no right to be there, the peace officer or
4231 employee may:
4232 (i) release the individual; or
4233 (ii) arrest the individual without a warrant on the charge of violating this section.
4234 Section 116. Section 76-8-809 is amended to read:
4235 76-8-809. Closing or restricting use of highways abutting defense or war facilities
4236 -- Posting of notices.
4237 [
4238
4239
4240
4241
4242
4243
4244
4245
4246
4247
4248 [
4249
4250
4251
4252
4253
4254
4255
4256
4257
4258
4259 (1) As used in this section:
4260 (a) "Highway" means a place used for travel to or from property, including a private or
4261 public street or way.
4262 (b) "Highway commissioner" means an individual, a board, or other body having
4263 authority to restrict or close the highway to public use and travel.
4264 (c) "Public utility" means a system owned or operated for public use, including:
4265 (i) a pipeline system;
4266 (ii) a system for gas, electric, heat, water, oil, sewer, telephone, telegraph, radio,
4267 railway, or transportation communication;
4268 (iii) a railroad; or
4269 (iv) an airplane.
4270 (2) An individual, a partnership, an association, a corporation, a municipal corporation,
4271 the state, or a political subdivision of the state, may petition the highway commissioner of a
4272 city, town, or county to close or restrict travel upon a highway if the individual, partnership,
4273 association, corporation, municipal corporation, state, or political subdivision is:
4274 (a) engaged in or preparing to engage in the manufacture, transportation, or storage of a
4275 product to be used in the preparation of the United States government or a state government for
4276 defense, for war, or in the prosecution of war by the United States government; or
4277 (b) (i) (A) manufacturing, transporting, distributing, or storing gas, oil, coal, electricity,
4278 or water; or
4279 (B) operating a public utility; and
4280 (ii) believes the gas, oil, electricity, water, or public utility will be endangered if public
4281 use and travel is not restricted or prohibited on a highway abutting the property involved in
4282 operating the public utility or manufacturing, transporting, distributing, or storing the gas, oil,
4283 coal, electricity, or water.
4284 (3) Upon receiving a petition described in Subsection (2), the highway commissioner
4285 shall set a day for a public hearing and give notice of the hearing at least seven days before the
4286 day on which the hearing will be held, as a class A notice under Section 63G-30-102, for the
4287 city, town, or county.
4288 (4) (a) Subject to Subsection (5), after holding the hearing described in Subsection (3),
4289 the highway commissioner may, after determining that public safety and the safety of the
4290 property of the petitioner require the closure or restricted use of the highway, issue an order to:
4291 (i) close the highway to all public use and travel; or
4292 (ii) reasonably restrict travel on the highway for the safety of the petitioner's property.
4293 (b) Visible notices at least three inches tall detailing the closure or restriction shall be
4294 posted at each end of a highway closed or restricted under this Subsection (4).
4295 (5) A highway commissioner issuing an order under Subsection (4) may issue a permit
4296 to a responsible and reputable individual to travel on a closed or restricted highway under
4297 conditions set by the highway commissioner.
4298 Section 117. Section 76-8-810 is amended to read:
4299 76-8-810. Violation of an order closing or restricting a highway.
4300 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-809 apply to this
4301 section.
4302 (2) An actor commits violation of an order closing or restricting a highway if the actor
4303 violates an order issued by a highway commissioner closing or restricting a highway under
4304 Section 76-8-809.
4305 (3) [
4306
4307 Section 118. Section 76-8-811 is amended to read:
4308 76-8-811. Bargaining rights of employees not impaired by sabotage prevention
4309 laws.
4310 Nothing in this part shall be construed to impair, curtail, or destroy the rights of
4311 employees and [
4312 labor organizations, to bargain collectively through representatives of [
4313 own choosing, and to engage in concerted activities, for the purpose of collective bargaining or
4314 other mutual aid or protection as provided by state or federal laws.
4315 Section 119. Section 76-8-901 is amended to read:
4316 76-8-901. Definitions.
4317 [
4318 (1) "Criminal syndicalism" [
4319 violence, force, arson, destruction of property, sabotage, or other unlawful acts or methods, as a
4320 means of accomplishing or effecting industrial or political ends, or as a means of effecting
4321 industrial or political revolution.
4322 (2) "Sabotage" means the unlawful and intentional damage or injury to, or destruction
4323 of, real or personal property, [
4324
4325
4326 Section 120. Section 76-8-902 is amended to read:
4327 76-8-902. Advocating criminal syndicalism or sabotage.
4328 [
4329
4330
4331
4332
4333
4334
4335
4336
4337
4338
4339
4340
4341
4342
4343
4344
4345
4346
4347
4348
4349
4350 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-901 apply to this
4351 section.
4352 (2) An actor commits advocating criminal syndicalism or sabotage if the actor:
4353 (a) advocates, suggests, or teaches the duty, necessity, propriety, or expediency of
4354 crime, criminal syndicalism, or sabotage;
4355 (b) as a means of accomplishing or effecting industrial or political ends, change, or
4356 revolution:
4357 (i) advocates, suggests, or teaches the duty, necessity, propriety, or expediency of
4358 performing an act of violence, destroying or damaging property, causing bodily injury to an
4359 individual, or committing a crime or unlawful act;
4360 (ii) prints, publishes, edits, or issues, or knowingly circulates, sells, distributes, or
4361 publicly displays a book, pamphlet, paper, handbill, poster, document, or written or printed
4362 matter in any form, containing, advocating, advising, suggesting, or teaching crime, criminal
4363 syndicalism, sabotage, performing an act of violence, the destruction of or damage to property,
4364 the injury to an individual, or the commission of a crime or unlawful act; or
4365 (iii) organizes or becomes a member of, or voluntarily assembles with, a society or
4366 assemblage of individuals formed to teach or advocate the doctrine of criminal syndicalism or
4367 sabotage, or the necessity, propriety, or expediency of doing an act of violence or the
4368 commission of a crime or unlawful act; or
4369 (c) with the intent to exemplify, spread, or teach or suggest criminal syndicalism,
4370 attempts to justify sabotage, an act of violence, the destruction of or damage to property, the
4371 injury of an individual, or the commission of a crime or unlawful act.
4372 (3) A violation of Subsection (2) is a third degree felony.
4373 Section 121. Section 76-8-903 is amended to read:
4374 76-8-903. Assembling for advocating criminal syndicalism or sabotage.
4375 [
4376 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-901 apply to this
4377 section.
4378 (2) An actor commits assembling for advocating criminal syndicalism or sabotage if
4379 the actor, as a means of accomplishing or effecting industrial or political ends, change, or
4380 revolution:
4381 (a) assembles with two or more individuals; and
4382 (b) assembles for the purpose of advocating, teaching, or suggesting:
4383 (i) the doctrine of criminal syndicalism[
4384
4385 (ii) the duty, necessity, propriety, or expediency of [
4386 violence, [
4387 bodily injury to [
4388 unlawful act [
4389
4390
4391 (3) A violation of Subsection (2) is a third degree felony.
4392 Section 122. Section 76-8-904 is amended to read:
4393 76-8-904. Permitting the use of property for assembly advocating criminal
4394 syndicalism or sabotage.
4395 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-901 apply to this
4396 section.
4397 (2) An actor commits permitting the use of property for assembly advocating criminal
4398 syndicalism or sabotage if the actor:
4399 (a) [
4400 occupation of [
4401 (b) knowingly permits [
4402 prohibited [
4403
4404
4405 (3) A violation of Subsection (2) is a class B misdemeanor.
4406 Section 123. Section 76-8-1201 is amended to read:
4407 76-8-1201. Definitions.
4408 As used in this part:
4409 (1) "Client" means a person who receives or has received public assistance.
4410 (2) "Overpayment" [
4411 in Section 35A-3-102.
4412 (3) "Provider" [
4413 Section 26B-9-101.
4414 (4) "Public assistance" [
4415 defined in Section 35A-1-102.
4416 Section 124. Section 76-8-1203 is amended to read:
4417 76-8-1203. Required disclosures by an applicant, a recipient, or a provider of
4418 public assistance.
4419 (1) [
4420 assistance, or who is 18 years old or older and currently receives public assistance, shall
4421 disclose to the state agency administering the public assistance each fact that may materially
4422 affect the [
4423 receive public assistance, including the [
4424 (a) marital status;
4425 (b) household composition;
4426 (c) employment;
4427 (d) earned and unearned income, as defined by rule;
4428 (e) receipt of monetary and in-kind gifts that may affect the [
4429 eligibility;
4430 (f) assets that may affect the [
4431 (g) any other material fact or change in circumstance that may affect the determination
4432 of [
4433 the amount of benefits for which the [
4434 [
4435
4436
4437 [
4438
4439
4440
4441
4442 [
4443
4444
4445
4446 (2) (a) Subject to Subsection (2)(b), a provider that solicits, requests, or receives,
4447 actually or constructively, a payment or contribution in the form of an assessment, a payment, a
4448 gift, a devise, a bequest, or other means, directly or indirectly, from a client or client's family
4449 shall:
4450 (i) notify the state agency administering the public assistance to the client of the
4451 amount of the payment or contribution the provider received from the client or the client's
4452 family; and
4453 (ii) provide the notification to the state agency in writing within 10 days after the day
4454 on which the payment or contribution was received.
4455 (b) If the payment or contribution described in Subsection (2)(a) is made under an
4456 agreement, written or oral, the provider shall notify the state agency administering the public
4457 assistance to the client of the payment or contribution within 10 days after the day on which the
4458 provider entered into the agreement.
4459 (3) An actor may be charged under Section 76-8-1203.1, 76-8-1203.3, or 76-8-1203.5
4460 for failing to provide information required under this section.
4461 Section 125. Section 76-8-1203.1 is enacted to read:
4462 76-8-1203.1. Public assistance fraud by an applicant for public assistance.
4463 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4464 section.
4465 (2) An actor commits public assistance fraud by an applicant for public assistance if the
4466 actor intentionally, knowingly, or recklessly:
4467 (a) applies for public assistance; and
4468 (b) fails to disclose a material fact required to be disclosed under Subsection
4469 76-8-1203(1).
4470 (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4471 payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4472 (a) a second degree felony if the value is or exceeds $5,000;
4473 (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4474 (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4475 (d) a class B misdemeanor if the value is less than $500.
4476 (4) It is not a defense to prosecution under this section that the actor repaid the funds or
4477 benefits obtained in violation of this section.
4478 (5) (a) In determining the value of payments, assistance, or other benefits received to
4479 determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4480 by aggregating the values of each instance of public assistance fraud committed by the actor as
4481 part of the same facts and circumstances or a related series of facts and circumstances.
4482 (b) The value of a benefit received by an individual is the ordinary or usual charge for
4483 similar benefits in the private sector.
4484 (6) The provisions of Section 35A-1-503 apply to a prosecution brought under this
4485 section.
4486 Section 126. Section 76-8-1203.3 is enacted to read:
4487 76-8-1203.3. Public assistance fraud by a recipient of public assistance.
4488 (1) (a) As used in this section, "SNAP benefit" means the same as that term is defined
4489 in Section 35A-1-102.
4490 (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4491 section.
4492 (2) An actor commits public assistance fraud by a recipient of public assistance if the
4493 actor:
4494 (a) (i) except as provided in Subsection (2)(b), is receiving public assistance
4495 administered by a state agency; and
4496 (ii) intentionally, knowingly, or recklessly fails to disclose to the state agency
4497 administering the public assistance to the actor of a change of a material fact required to be
4498 disclosed under Subsection 76-8-1203(1) within 10 days after the day on which the change
4499 occurred;
4500 (b) (i) is receiving public assistance from the Department of Workforce Services or the
4501 Department of Health and Human Services; and
4502 (ii) at the time of a review or recertification, whichever comes first, intentionally,
4503 knowingly, or recklessly fails to disclose a change of a material fact required to be disclosed
4504 under Subsection 76-8-1203(1);
4505 (c) in a manner not allowed by law, intentionally, knowingly, or recklessly uses,
4506 transfers, acquires, traffics in, falsifies, or possesses:
4507 (i) SNAP benefits;
4508 (ii) a SNAP benefit identification card;
4509 (iii) a certificate of eligibility for medical services;
4510 (iv) a Medicaid identification card;
4511 (v) a fund transfer instrument;
4512 (vi) a payment instrument; or
4513 (vii) a public assistance warrant;
4514 (d) (i) is receiving public assistance;
4515 (ii) acquires income or resources in excess of the amount the actor previously reported
4516 to the state agency administering the public assistance to the actor; and
4517 (iii) fails to notify the state agency to which the actor previously reported within 10
4518 days after the day on which the actor acquired the excess income or resources;
4519 (e) (i) fails to disclose a material fact required to be disclosed under Subsection
4520 76-8-1203(1) or notify a state agency under Subsection 76-8-1203(2); and
4521 (ii) (A) intends to obtain or help another individual obtain an overpayment; or
4522 (B) obtains an overpayment, unauthorized payment, or benefit; or
4523 (f) receives an unauthorized payment or benefit as a result of unlawful acts described in
4524 this section, Section 76-8-1203.3, Section 76-8-1203.5, or Section 76-8-1203.7.
4525 (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4526 payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4527 (a) a second degree felony if the value is or exceeds $5,000;
4528 (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4529 (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4530 (d) a class B misdemeanor if the value is less than $500.
4531 (4) It is not a defense to prosecution under this section that the actor repaid the funds or
4532 benefits obtained in violation of this section.
4533 (5) (a) In determining the value of payments, assistance, or other benefits received to
4534 determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4535 by aggregating the values of each instance of public assistance fraud committed by the actor as
4536 part of the same facts and circumstances or a related series of facts and circumstances.
4537 (b) The value of a benefit received by an individual is the ordinary or usual charge for
4538 similar benefits in the private sector.
4539 (6) The provisions of Section 35A-1-503 apply to a prosecution brought under this
4540 section.
4541 (7) Incidents of trafficking in SNAP benefits that occur within a six-month period,
4542 committed by an individual or coconspirators, are deemed to be a related series of facts and
4543 circumstances regardless of whether the transactions are conducted with a variety of unrelated
4544 parties.
4545 Section 127. Section 76-8-1203.5 is enacted to read:
4546 76-8-1203.5. Public assistance fraud by a provider.
4547 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4548 section.
4549 (2) An actor commits public assistance fraud by a provider if the actor:
4550 (a) is a provider; and
4551 (b) intentionally, knowingly, or recklessly:
4552 (i) receives a payment after failing to comply with the requirements in Subsection
4553 76-8-1203(1) or 76-8-1203(2);
4554 (ii) files a claim for payment under a state or federally funded public assistance
4555 program for goods or services not provided to or for a client under that program;
4556 (iii) files or falsifies a claim, report, or document required by a state or federal law, a
4557 rule, or a provider agreement for goods or services not authorized under the state or federally
4558 funded public assistance program for which the goods or services were provided;
4559 (iv) fails to credit the state for payments received from other sources;
4560 (v) bills a client, or the client's family, for:
4561 (A) goods or services not provided; or
4562 (B) an amount greater than that allowed by law or rule; or
4563 (vi) fails to comply with the notification requirements under Subsection 76-8-1203(2).
4564 (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4565 payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4566 (a) a second degree felony if the value is or exceeds $5,000;
4567 (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4568 (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4569 (d) a class B misdemeanor if the value is less than $500.
4570 (4) It is not a defense to prosecution under this section that the actor repaid the funds or
4571 benefits obtained in violation of this section.
4572 (5) (a) In determining the value of payments, assistance, or other benefits received to
4573 determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4574 by aggregating the values of each instance of public assistance fraud committed by the actor as
4575 part of the same facts and circumstances or a related series of facts and circumstances.
4576 (b) The value of a benefit received by an individual is the ordinary or usual charge for
4577 similar benefits in the private sector.
4578 (6) This section does not apply to offenses by providers under the state's Medicaid
4579 program that are actionable under Title 26B, Chapter 3, Part 11, Utah False Claims Act.
4580 (7) The provisions of Section 35A-1-503 apply to a prosecution brought under this
4581 section.
4582 Section 128. Section 76-8-1203.7 is enacted to read:
4583 76-8-1203.7. Fraudulently misappropriating public assistance funds.
4584 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4585 section.
4586 (2) An actor commits fraudulently misappropriating public assistance funds if the
4587 actor:
4588 (a) (i) is an administrator of a state or federally funded public assistance program; and
4589 (ii) while performing the actor's duties as an administrator, intentionally, knowingly, or
4590 recklessly fraudulently misappropriates funds exchanged for:
4591 (A) SNAP benefits;
4592 (B) an identification card;
4593 (C) a certificate of eligibility for medical services;
4594 (D) a Medicaid identification card; or
4595 (E) other public assistance the actor has been entrusted with or that has come into the
4596 actor's possession as a result of the actor's duties; or
4597 (b) (i) is an individual entrusted with:
4598 (A) SNAP benefits;
4599 (B) an identification card;
4600 (C) a certificate of eligibility for medical services;
4601 (D) a Medicaid identification card; or
4602 (E) other public assistance with which the individual has been entrusted; and
4603 (ii) intentionally, knowingly, or recklessly fraudulently misappropriates funds
4604 exchanged for a benefit described in Subsection (2)(b)(i) with which the individual has been
4605 entrusted.
4606 (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4607 payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4608 (a) a second degree felony if the value is or exceeds $5,000;
4609 (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4610 (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4611 (d) a class B misdemeanor if the value is less than $500.
4612 (4) It is not a defense to prosecution under this section that the actor repaid the funds or
4613 benefits obtained in violation of this section.
4614 (5) (a) In determining the value of payments, assistance, or other benefits received to
4615 determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4616 by aggregating the values of each instance of public assistance fraud committed by the actor as
4617 part of the same facts and circumstances or a related series of facts and circumstances.
4618 (b) The value of a benefit received by an individual is the ordinary or usual charge for
4619 similar benefits in the private sector.
4620 (6) The provisions of Section 35A-1-503 apply to a prosecution brought under this
4621 section.
4622 Section 129. Section 76-8-1207 is amended to read:
4623 76-8-1207. Evidence in criminal actions for public assistance fraud.
4624 In [
4625 (1) a paid state warrant made to the order of [
4626 through an electronic benefit card issued to [
4627 evidence that the [
4628 (2) all of the records in the custody of the [
4629 public assistance relating to the application for, verification of, issuance of, receipt of, and use
4630 of public assistance constitute records of regularly conducted activity within the meaning of the
4631 exceptions to the hearsay rule of evidence[
4632 [
4633
4634 [
4635
4636 Section 130. Section 76-8-1301 is amended to read:
4637 76-8-1301. False statement to obtain or increase unemployment compensation.
4638 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4639 [
4640
4641 (2) An actor commits false statement to obtain or increase unemployment
4642 compensation if the actor, to obtain or increase a benefit or other payment under Title 35A,
4643 Chapter 4, Employment Security Act, or under the Unemployment Compensation Law of any
4644 state or of the federal government [
4645 (a) makes a false statement or representation, knowing the representation is false; or
4646 (b) knowingly fails to disclose a material fact.
4647 [
4648 (i) a class B misdemeanor [
4649 obtained is less than $500;
4650 (ii) a class A misdemeanor [
4651 obtained is or exceeds $500 but is less than $1,500;
4652 (iii) a third degree felony [
4653 obtained is or exceeds $1,500 but is less than $5,000; or
4654 (iv) a second degree felony [
4655 obtained is or exceeds $5,000.
4656 [
4657
4658 unlawful conduct.
4659 [
4660
4661
4662
4663
4664
4665
4666
4667
4668
4669 [
4670 [
4671
4672 [
4673
4674 [
4675
4676 [
4677
4678 [
4679
4680
4681
4682
4683 [
4684 [
4685 [
4686
4687
4688
4689 [
4690
4691
4692 Section 131. Section 76-8-1302 is enacted to read:
4693 76-8-1302. False statement to prevent or reduce unemployment compensation or
4694 liability.
4695 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4696 (2) An actor commits false statement to prevent or reduce unemployment
4697 compensation or liability if the actor, to prevent or reduce the payment of unemployment
4698 compensation benefits to an individual entitled to those benefits, or to avoid becoming or
4699 remaining a subject employer, or to avoid or reduce a contribution or other payment required
4700 from an employing unit under Title 35A, Chapter 4, Employment Security Act, or under the
4701 Unemployment Compensation Law of a state or of the federal government:
4702 (a) makes a false statement or representation, knowing the representation is false; or
4703 (b) knowingly fails to disclose a material fact.
4704 (3) A violation of Subsection (2) is:
4705 (a) a class B misdemeanor if the value of the money obtained or sought to be obtained
4706 is less than $500;
4707 (b) a class A misdemeanor if the value of the money obtained or sought to be obtained
4708 is or exceeds $500 but is less than $1,500;
4709 (c) a third degree felony if the value of the money obtained or sought to be obtained is
4710 or exceeds $1,500 but is less than $5,000; or
4711 (d) a second degree felony if the value of the money obtained or sought to be obtained
4712 is or exceeds $5,000.
4713 (4) An actor under this section may include an officer or agent of an employing unit as
4714 defined under Section 35A-4-202.
4715 Section 132. Section 76-8-1303 is enacted to read:
4716 76-8-1303. Unlawful failure to comply with Employment Security Act
4717 requirement.
4718 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4719 (2) An actor commits unlawful failure to comply with Employment Security Act
4720 requirements if the actor willfully:
4721 (a) fails or refuses:
4722 (i) to make a contribution or other payment required under Title 35A, Chapter 4,
4723 Employment Security Act;
4724 (ii) to furnish a report required under Title 35A, Chapter 4, Employment Security Act;
4725 or
4726 (iii) to produce or permit the inspection or copying of records required under Title
4727 35A, Chapter 4, Employment Security Act; or
4728 (b) violates a provision of Title 35A, Chapter 4, Employment Security Act, or an order
4729 made under that chapter, for which the violation:
4730 (i) is made unlawful or the observance of which is required under the terms of Title
4731 35A, Chapter 4, Employment Security Act;
4732 (ii) does not have a prescribed penalty in Title 35A, Chapter 4, Employment Security
4733 Act, or another applicable statute; and
4734 (iii) is for conduct not described in Subsection (2)(a).
4735 (3) (a) A violation of Subsection (2)(a) is:
4736 (i) a class B misdemeanor if the value of the money obtained or sought to be obtained
4737 is less than $500;
4738 (ii) a class A misdemeanor if the value of the money obtained or sought to be obtained
4739 is or exceeds $500 but is less than $1,500;
4740 (iii) a third degree felony if the value of the money obtained or sought to be obtained is
4741 or exceeds $1,500 but is less than $5,000; or
4742 (iv) a second degree felony if the value of the money obtained or sought to be obtained
4743 is or exceeds $5,000.
4744 (b) A violation of Subsection (2)(b) is a class A misdemeanor.
4745 (4) An actor under this section may include an officer or agent of an employing unit as
4746 defined under Section 35A-4-202.
4747 Section 133. Section 76-8-1304 is enacted to read:
4748 76-8-1304. Unlawful use or disclosure of employment information.
4749 (1) (a) As used in this section, "employing unit" means the same as that term is defined
4750 in Section 35A-4-202.
4751 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4752 (2) An actor commits unlawful use or disclosure of employment information if the
4753 actor:
4754 (a) (i) is an employee of the Department of Workforce Services; and
4755 (ii) willfully violates Section 35A-4-312 by making a disclosure of information
4756 obtained from an employing unit or individual in the administration of Title 35A, Chapter 4,
4757 Employment Security Act; or
4758 (b) (i) obtains a list of applicants for work or of claimants or recipients of benefits
4759 under Title 35A, Chapter 4, Employment Security Act; and
4760 (ii) uses or permits the use of the list described in Subsection (2)(b)(i) for a political
4761 purpose.
4762 (3) A violation of Subsection (2) is a class C misdemeanor.
4763 Section 134. Section 76-8-1402 is amended to read:
4764 76-8-1402. Disruption of activity in or near school building.
4765 (1) (a) As used in this section:
4766 (i) (A) "Chief administrator" means the principal of a school or the chief administrator
4767 of a school that does not have a principal.
4768 (B) "Chief administrator" includes the chief administrator's designee or representative.
4769 (ii) "School" means a public or private kindergarten, elementary, or secondary school
4770 through grade 12.
4771 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4772 (2) In the absence of a local ordinance or other controlling law governing the conduct
4773 described in this Subsection [
4774 (2), an actor commits disruption of activity in or near school building if the actor, while on a
4775 street, sidewalk, or public way adjacent to [
4776 (a) [
4777 activities by the actor's presence or act; and
4778 (b) remains upon the place under Subsection [
4779 by the chief administrator of that school.
4780 [
4781
4782 [
4783 (3) (a) Except as provided under Subsection (4), a first [
4784 Subsection [
4785 [
4786
4787 (b) Except as provided under Subsection (4), a third or subsequent violation of
4788 Subsection (2) is a class A misdemeanor.
4789 (4) If an actor's conduct violates Subsection (2) and the actor's conduct also amounts to
4790 a violation of another offense with a greater penalty, the offense with the greater penalty
4791 applies.
4792 Section 135. Section 76-8-1403 is amended to read:
4793 76-8-1403. Unlawful evasion of law enforcement by entering school property--
4794 Restitution.
4795 (1) (a) As used in this section:
4796 [
4797 secondary school through grade 12, including all buildings and property of the school.
4798 [
4799 [
4800 [
4801 or program; and
4802 [
4803 the main use of the real property is allocated to participants in the activity or program.
4804 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4805 (2) [
4806 unlawful evasion of law enforcement [
4807 the actor enters onto school property when:
4808 (a) students are attending the school or students are participating in any school-related
4809 activity or program on school property; and
4810 (b) the [
4811 pursuit or apprehension by [
4812 (3) A violation of Subsection (2) is a class A misdemeanor.
4813 [
4814 know that the [
4815 [
4816 [
4817 [
4818 [
4819
4820 (a) [
4821 under Section 41-6a-210; or
4822 (b) [
4823 under Section 76-8-305.5.
4824 Section 136. Section 76-9-802 is amended to read:
4825 76-9-802. Definitions.
4826 As used in this part:
4827 (1) "Criminal street gang" means an organization, association in fact, or group of three
4828 or more persons, whether operated formally or informally:
4829 (a) that is currently in operation;
4830 (b) that has as one of its primary activities the commission of one or more predicate
4831 gang crimes;
4832 (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
4833 (d) whose members, acting individually or in concert with other members, engage in or
4834 have engaged in a pattern of criminal gang activity.
4835 (2) "Intimidate" means the use of force, duress, violence, coercion, menace, or threat of
4836 harm for the purpose of causing an individual to act or refrain from acting.
4837 (3) "Minor" means a person younger than 18 years old.
4838 (4) "Pattern of criminal gang activity" means:
4839 (a) committing, attempting to commit, conspiring to commit, or soliciting the
4840 commission of two or more predicate gang crimes within five years;
4841 (b) the predicate gang crimes are:
4842 (i) committed by two or more persons; or
4843 (ii) committed by an individual at the direction of, or in association with a criminal
4844 street gang; and
4845 (c) the criminal activity was committed with the specific intent to promote, further, or
4846 assist in any criminal conduct by members of the criminal street gang.
4847 (5) (a) "Predicate gang crime" means any of the following offenses:
4848 (i) Title 41, Chapter 1a, Motor Vehicle Act:
4849 (A) Section 41-1a-1313, regarding possession of a motor vehicle without an
4850 identification number;
4851 (B) Section 41-1a-1315, regarding false evidence of title and registration;
4852 (C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles;
4853 (D) Section 41-1a-1317, regarding selling or buying a motor vehicle without an
4854 identification number; or
4855 (E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number;
4856 (ii) any criminal violation of the following provisions:
4857 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
4858 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4859 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4860 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
4861 (iii) Sections 76-5-102 through 76-5-103.5, which address assault offenses;
4862 (iv) Title 76, Chapter 5, Part 2, Criminal Homicide;
4863 (v) Sections 76-5-301 through 76-5-304, which address kidnapping and related
4864 offenses;
4865 (vi) [
4866 (vii) Title 76, Chapter 6, Part 1, Property Destruction;
4867 (viii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
4868 (ix) Title 76, Chapter 6, Part 3, Robbery;
4869 (x) [
4870 Chapter 6, Part 6, Retail Theft, except Sections 76-6-404.5, 76-6-405, 76-6-407, 76-6-408,
4871 76-6-409, 76-6-409.1, 76-6-409.3, 76-6-409.6, 76-6-409.7, 76-6-409.8, 76-6-409.9, 76-6-410,
4872 and 76-6-410.5;
4873 (xi) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507,
4874 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517,
4875 76-6-518, and 76-6-520;
4876 (xii) Title 76, Chapter 6, Part 11, Identity Fraud Act;
4877 (xiii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except
4878 Sections 76-8-302, 76-8-303, 76-8-307, 76-8-308, and 76-8-312;
4879 (xiv) [
4880 76-8-508;
4881 (xv) [
4882 informant under Section 76-8-509.3;
4883 (xvi) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
4884 [
4885 criminal proceeding under Section 76-8-509;
4886 [
4887 if the violation occurs at an official meeting;
4888 [
4889 [
4890 [
4891 [
4892 [
4893 Section 76-10-1801;
4894 [
4895 Transaction Reporting Act; or
4896 [
4897 under Section 76-10-2002.
4898 (b) "Predicate gang crime" also includes:
4899 (i) any state or federal criminal offense that by its nature involves a substantial risk that
4900 physical force may be used against another in the course of committing the offense; and
4901 (ii) any felony violation of a criminal statute of any other state, the United States, or
4902 any district, possession, or territory of the United States which would constitute a violation of
4903 any offense in Subsection (4)(a) if committed in this state.
4904 Section 137. Section 76-9-902 is amended to read:
4905 76-9-902. Definitions.
4906 As used in this part:
4907 (1) "Criminal street gang" means an organization, association in fact, or group of three
4908 or more persons, whether operated formally or informally:
4909 (a) that is currently in operation;
4910 (b) that has as one of its substantial activities the commission of one or more predicate
4911 gang crimes;
4912 (c) that has, as a group, an identifying name or an identifying sign or symbol, or both;
4913 and
4914 (d) whose members, acting individually or in concert with other members, engage in or
4915 have engaged in a pattern of criminal gang activity.
4916 (2) "Gang loitering" means a person remains in one place under circumstances that
4917 would cause a reasonable person to believe that the purpose or effect of that behavior is to
4918 enable or facilitate a criminal street gang to:
4919 (a) establish control over one or more identifiable areas;
4920 (b) intimidate others from entering those areas; or
4921 (c) conceal illegal activities.
4922 (3) "Pattern of criminal gang activity" means committing, attempting to commit,
4923 conspiring to commit, or soliciting the commission of two or more predicate gang crimes
4924 within five years, if the predicate gang crimes are committed:
4925 (a) (i) by two or more persons; or
4926 (ii) by an individual at the direction of or in association with a criminal street gang; and
4927 (b) with the specific intent to promote, further, or assist in any criminal conduct by
4928 members of a criminal street gang.
4929 (4) (a) "Predicate gang crime" means any of the following offenses:
4930 (i) [
4931 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
4932 (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
4933 (C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
4934 (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
4935 (ii) Sections 76-5-102 through 76-5-103.5, which address assault offenses;
4936 (iii) Title 76, Chapter 5, Part 2, Criminal Homicide;
4937 (iv) Sections 76-5-301 through 76-5-304, which address kidnapping and related
4938 offenses;
4939 (v) [
4940 (vi) Title 76, Chapter 6, Part 1, Property Destruction;
4941 (vii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
4942 (viii) Title 76, Chapter 6, Part 3, Robbery;
4943 (ix) [
4944 76-6-404.5, 76-6-405, 76-6-407, 76-6-408, 76-6-409, 76-6-409.1, 76-6-409.3, 76-6-409.6,
4945 76-6-409.7, 76-6-409.8, 76-6-409.9, 76-6-410, and 76-6-410.5;
4946 (x) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507,
4947 76-6-508, 76-6-509, 76-6-510, 76-6-511, 76-6-512, 76-6-513, 76-6-514, 76-6-516, 76-6-517,
4948 76-6-518, and 76-6-520;
4949 (xi) Title 76, Chapter 6, Part 11, Identity Fraud Act;
4950 (xii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except Sections
4951 76-8-302, 76-8-303, 76-8-307, 76-8-308, and 76-8-312;
4952 (xiii) [
4953 76-8-508;
4954 (xiv) [
4955 informant under Section 76-8-508.3;
4956 (xv) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
4957 [
4958 criminal proceeding under Section 76-8-509;
4959 [
4960 the violation occurs at an official meeting;
4961 [
4962 [
4963 [
4964 [
4965 [
4966 Section 76-10-1801;
4967 [
4968 Transaction Reporting Act;
4969 [
4970
4971 [
4972 (A) Section 41-1a-1313, regarding possession of a motor vehicle without an
4973 identification number;
4974 (B) Section 41-1a-1315, regarding false evidence of title and registration;
4975 (C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles;
4976 (D) Section 41-1a-1317, regarding selling or buying a vehicle without an identification
4977 number; and
4978 (E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number.
4979 (b) "Predicate gang crime" also includes:
4980 (i) any state or federal criminal offense that by its nature involves a substantial risk that
4981 physical force may be used against another in the course of committing the offense; and
4982 (ii) any felony violation of a criminal statute of any other state, the United States, or
4983 any district, possession, or territory of the United States which would constitute any offense in
4984 Subsection (4)(a) if committed in this state.
4985 (5) (a) "Public place" means any location or structure to which the public or a
4986 substantial group of the public has access, and includes:
4987 (i) a sidewalk, street, or highway;
4988 (ii) a public park, public recreation facility, or any other area open to the public;
4989 (iii) a shopping mall, sports facility, stadium, arena, theater, movie house, or
4990 playhouse, or the parking lot or structure adjacent to any of these; and
4991 (iv) the common areas of schools, hospitals, apartment houses, office buildings,
4992 transport facilities, and businesses.
4993 (b) "Public place" includes the lobbies, hallways, elevators, restaurants and other
4994 dining areas, and restrooms of any of the locations or structures under Subsection (5)(a).
4995 Section 138. Section 76-9-1008 is amended to read:
4996 76-9-1008. Proof of immigration status required to receive public benefits.
4997 (1) (a) An agency that provides state or local public benefits as defined in 8 U.S.C. Sec.
4998 1621 shall comply with Section 63G-12-402 and shall also comply with this section, except:
4999 (i) as provided in Subsection 63G-12-402(3)(g) or (k); or
5000 (ii) when compliance is exempted by federal law or when compliance could reasonably
5001 be expected to be grounds for the federal government to withhold federal Medicaid funding.
5002 (b) The agency shall verify a person's lawful presence in the United States by requiring
5003 that the applicant under this section sign a certificate under penalty of perjury, stating that the
5004 applicant:
5005 (i) is a United States citizen; or
5006 (ii) is a qualified alien as defined by 8 U.S.C. Sec. 1641.
5007 (c) The certificate under Subsection (1)(b) shall include a statement advising the signer
5008 that providing false information subjects the signer to penalties for perjury.
5009 (d) The signature under this Subsection (1) may be executed in person or
5010 electronically.
5011 (e) When an applicant who is a qualified alien has executed the certificate under this
5012 section, the applicant's eligibility for benefits shall be verified by the agency through the federal
5013 SAVE program or an equivalent program designated by the United States Department of
5014 Homeland Security.
5015 (2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent
5016 statement of representation in a certificate executed under this section is guilty of public
5017 assistance fraud by an applicant for public assistance under Section [
5018 (3) If the certificate constitutes a false claim of United States citizenship under 18
5019 U.S.C. Sec. 911, the agency requiring the certificate shall file a complaint with the United
5020 States Attorney for the applicable federal judicial district based upon the venue in which the
5021 certificate was executed.
5022 (4) Agencies may, with the concurrence of the Utah Attorney General, adopt variations
5023 to the requirements of the provisions of this section that provide for adjudication of unique
5024 individual circumstances where the verification procedures in this section would impose
5025 unusual hardship on a legal resident of this state.
5026 (5) If an agency under Subsection (1) receives verification that a person making an
5027 application for any benefit, service, or license is not a qualified alien, the agency shall provide
5028 the information to the local law enforcement agency for enforcement of [
5029 public assistance fraud by an applicant for public assistance under Section 76-8-1203.1 unless
5030 prohibited by federal mandate.
5031 Section 139. Section 76-10-306 is amended to read:
5032 76-10-306. Explosive, chemical, or incendiary device and parts -- Definitions --
5033 Persons exempted -- Penalties.
5034 (1) As used in this section:
5035 (a) "Explosive, chemical, or incendiary device" means:
5036 (i) dynamite and all other forms of high explosives, including water gel, slurry, military
5037 C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, ammonium nitrate, fuel
5038 oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting
5039 caps, exploding cords commonly called detonating cord, detcord, or primacord, picric acid
5040 explosives, T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin mixtures, or any other
5041 chemical mixture intended to explode with fire or force;
5042 (ii) any explosive bomb, grenade, missile, or similar device; and
5043 (iii) any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device,
5044 including any device, except kerosene lamps, if criminal intent has not been established, which
5045 consists of or includes a breakable container including a flammable liquid or compound and a
5046 wick composed of any material which, when ignited, is capable of igniting the flammable
5047 liquid or compound or any breakable container which consists of, or includes a chemical
5048 mixture that explodes with fire or force and can be carried, thrown, or placed.
5049 (b) "Explosive, chemical, or incendiary device" does not include rifle, pistol, or
5050 shotgun ammunition, reloading components, or muzzleloading equipment.
5051 (c) "Explosive, chemical, or incendiary parts" means any substances or materials or
5052 combinations which have been prepared or altered for use in the creation of an explosive,
5053 chemical, or incendiary device. These substances or materials include:
5054 (i) timing device, clock, or watch which has been altered in such a manner as to be
5055 used as the arming device in an explosive;
5056 (ii) pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and
5057 (iii) mechanical timers, mechanical triggers, chemical time delays, electronic time
5058 delays, or commercially made or improvised items which, when used singly or in combination,
5059 may be used in the construction of a timing delay mechanism, booby trap, or activating
5060 mechanism for any explosive, chemical, or incendiary device.
5061 (d) "Explosive, chemical, or incendiary parts" does not include rifle, pistol, or shotgun
5062 ammunition, or any signaling device customarily used in operation of railroad equipment.
5063 (2) The provisions in Subsections (3) and (6) do not apply to:
5064 (a) any public safety officer while acting in an official capacity transporting or
5065 otherwise handling explosives, chemical, or incendiary devices;
5066 (b) any member of the armed forces of the United States or Utah National Guard while
5067 acting in an official capacity;
5068 (c) any person possessing a valid permit issued under the provisions of Uniform Fire
5069 Code, Article 77, or any employee of the permittee acting within the scope of employment;
5070 (d) any person possessing a valid license as an importer, wholesaler, display operator,
5071 special effects operator, or flame effects operator under the provisions of Sections 11-3-3.5 and
5072 53-7-223; and
5073 (e) any person or entity possessing or controlling an explosive, chemical, or incendiary
5074 device as part of its lawful business operations.
5075 (3) Any person is guilty of a second degree felony who, under circumstances not
5076 amounting to a violation of Part 4, Weapons of Mass Destruction, knowingly, intentionally, or
5077 recklessly possesses or controls an explosive, chemical, or incendiary device.
5078 (4) Any person is guilty of a first degree felony who, under circumstances not
5079 amounting to a violation of Part 4, Weapons of Mass Destruction, knowingly or intentionally:
5080 (a) uses or causes to be used an explosive, chemical, or incendiary device in the
5081 commission of or an attempt to commit a felony;
5082 (b) injures another or attempts to injure another person or another person's property
5083 through the use of an explosive, chemical, or incendiary device; or
5084 (c) transports, possesses, distributes, or sells any explosive, chemical, or incendiary
5085 device in a secure area established pursuant to Section 76-8-311.1, 76-8-311.3, 76-10-529, or
5086 78A-2-203.
5087 (5) Any person who, under circumstances not amounting to a violation of Part 4,
5088 Weapons of Mass Destruction, knowingly, intentionally, or recklessly removes or causes to be
5089 removed or carries away any explosive, chemical, or incendiary device from the premises
5090 where the explosive, chemical, or incendiary device is kept by the lawful user, vendor,
5091 transporter, or manufacturer without the consent or direction of the lawful possessor is guilty of
5092 a second degree felony.
5093 (6) Any person who, under circumstances not amounting to a violation of Part 4,
5094 Weapons of Mass Destruction, knowingly, intentionally, or recklessly possesses any explosive,
5095 chemical, or incendiary parts is guilty of a third degree felony.
5096 Section 140. Section 76-10-1602 is amended to read:
5097 76-10-1602. Definitions.
5098 As used in this part:
5099 (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
5100 business trust, association, or other legal entity, and any union or group of individuals
5101 associated in fact although not a legal entity, and includes illicit as well as licit entities.
5102 (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
5103 commission of at least three episodes of unlawful activity, which episodes are not isolated, but
5104 have the same or similar purposes, results, participants, victims, or methods of commission, or
5105 otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
5106 demonstrate continuing unlawful conduct and be related either to each other or to the
5107 enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
5108 occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
5109 activity as defined by this part shall have occurred within five years of the commission of the
5110 next preceding act alleged as part of the pattern.
5111 (3) "Person" includes any individual or entity capable of holding a legal or beneficial
5112 interest in property, including state, county, and local governmental entities.
5113 (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
5114 command, encourage, or intentionally aid another person to engage in conduct which would
5115 constitute any offense described by the following crimes or categories of crimes, or to attempt
5116 or conspire to engage in an act which would constitute any of those offenses, regardless of
5117 whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
5118 or a felony:
5119 (a) [
5120 Unauthorized Recording Practices Act;
5121 (b) [
5122 Environmental Quality Code, Sections 19-1-101 through 19-7-109;
5123 (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
5124 purpose of sale, trade, or other pecuniary gain[
5125 Resources Act, or Section 23A-5-311;
5126 (d) false claims for medical benefits, kickbacks, [
5127 [
5128 26B-3-1112;
5129 (e) [
5130 Criminal Offenses and Procedure Act;
5131 (f) [
5132 Utah Uniform Land Sales Practices Act;
5133 (g) [
5134 Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
5135 Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
5136 Clandestine Drug Lab Act;
5137 (h) [
5138 Utah Uniform Securities Act;
5139 (i) [
5140 Utah Procurement Code;
5141 (j) assault [
5142 (k) aggravated assault under Section 76-5-103;
5143 [
5144 [
5145 [
5146 [
5147 (o) aggravated kidnapping under Section 76-5-302;
5148 [
5149 (q) human trafficking for sexual exploitation under Section 76-5-308.1;
5150 (r) human smuggling under Section 76-5-308.3;
5151 (s) human trafficking of a child[
5152
5153 (t) benefiting from trafficking and human smuggling under Section 76-5-309[
5154 (u) aggravated human trafficking under Section 76-5-310;
5155 [
5156 (w) aggravated sexual exploitation of a minor[
5157 76-5b-201.1;
5158 [
5159 (y) [
5160 [
5161 [
5162 (bb) [
5163 [
5164 [
5165 Section 76-6-205;
5166 [
5167 (ff) [
5168 [
5169 [
5170 [
5171 [
5172 [
5173 [
5174 [
5175 transaction card under Section 76-6-506.2[
5176 (nn) unlawful acquisition, possession, or transfer of financial transaction card under
5177 Section 76-6-506.3[
5178 (oo) financial transaction card offenses under Section 76-6-506.6;
5179 [
5180 [
5181 or criticism of goods[
5182 [
5183 [
5184 [
5185 76-6-512;
5186 [
5187 [
5188 [
5189 [
5190 [
5191 [
5192 [
5193 [
5194 [
5195 [
5196 [
5197 [
5198 [
5199 76-8-104;
5200 [
5201 [
5202 under Section 76-8-106;
5203 [
5204 (jjj) bribery for endorsement of person as public servant under Section 76-8-106.1;
5205 (kkk) official misconduct based on unauthorized act or failure of duty under Section
5206 76-8-201 [
5207 (lll) official misconduct concerning inside information under Section 76-8-202;
5208 [
5209 Section 76-8-306;
5210 [
5211 Section 76-8-308;
5212 (ooo) harboring or concealing offender who has escaped from official custody under
5213 Section 76-8-309.2;
5214 [
5215 Section 76-8-502;
5216 [
5217 76-8-503;
5218 [
5219 [
5220 76-8-508;
5221 [
5222 76-8-508.3;
5223 (uuu) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5224 [
5225 76-8-509;
5226 [
5227 [
5228 76-8-511, if the record is a record described in Title 20A, Election Code, or Title 36, Chapter
5229 11, Lobbyist Disclosure and Regulation Act;
5230 [
5231 assistance under Section [
5232 (zzz) public assistance fraud by a recipient of public assistance under Section
5233 76-8-1203.3;
5234 (aaaa) public assistance fraud by a provider under Section 76-8-1203.5;
5235 (bbbb) fraudulently misappropriating public assistance funds under Section
5236 76-8-1203.7;
5237 [
5238 unemployment compensation under Section 76-8-1301;
5239 (dddd) false statement to prevent or reduce unemployment compensation or liability
5240 under Section 76-8-1302;
5241 (eeee) unlawful failure to comply with Employment Security Act requirements under
5242 Section 76-8-1303;
5243 (ffff) unlawful use or disclosure of employment information under Section 76-8-1304;
5244 [
5245 under Subsection 76-9-301(2)(d) or (e), or Section 76-9-301.1;
5246 [
5247 devices or parts[
5248 [
5249 incendiary device[
5250 [
5251 76-10-507;
5252 [
5253 [
5254 76-10-522;
5255 [
5256 under Section 76-10-1002;
5257 [
5258 devices[
5259 [
5260 under Section 76-10-1004;
5261 [
5262 mark with intent to defraud[
5263 [
5264 [
5265 [
5266 [
5267 [
5268 [
5269 [
5270 76-10-1205;
5271 [
5272 [
5273 [
5274 [
5275 [
5276 [
5277 [
5278 [
5279 [
5280 Laundering and Currency Transaction Reporting Act;
5281 [
5282 [
5283 governing taxation in this state; [
5284 [
5285 18 U.S.C. Sec. 1961(1)(B), (C), and (D).
5286 Section 141. Section 77-23a-8 is amended to read:
5287 77-23a-8. Court order to authorize or approve interception -- Procedure.
5288 (1) The attorney general of the state, any assistant attorney general specially designated
5289 by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
5290 district attorney specially designated by the county attorney or by the district attorney, may
5291 authorize an application to a judge of competent jurisdiction for an order for an interception of
5292 wire, electronic, or oral communications by any law enforcement agency of the state, the
5293 federal government or of any political subdivision of the state that is responsible for
5294 investigating the type of offense for which the application is made.
5295 (2) The judge may grant the order in conformity with the required procedures when the
5296 interception sought may provide or has provided evidence of the commission of:
5297 (a) [
5298 (i) prohibited by the criminal provisions of:
5299 (A) Title 58, Chapter 37, Utah Controlled Substances Act;
5300 (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
5301 (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
5302 (ii) punishable by a term of imprisonment of more than one year;
5303 (b) [
5304 Utah Uniform Securities Act, and punishable by a term of imprisonment of more than one year;
5305 (c) an offense:
5306 (i) of:
5307 (A) attempt[
5308 (B) conspiracy[
5309 (C) solicitation[
5310 (ii) punishable by a term of imprisonment of more than one year;
5311 (d) a threat of terrorism offense punishable by a maximum term of imprisonment of
5312 more than one year[
5313 (e) (i) aggravated murder[
5314 (ii) murder[
5315 (iii) manslaughter[
5316 (f) (i) kidnapping[
5317 (ii) child kidnapping[
5318 (iii) aggravated kidnapping[
5319 (iv) human trafficking[
5320 (v) human trafficking for sexual exploitation under Section 76-5-308.1[
5321 (vi) [
5322 (vii) human smuggling[
5323 [
5324 (ix) aggravated human smuggling[
5325 (g) (i) arson[
5326 (ii) aggravated arson[
5327 (h) (i) burglary[
5328 (ii) aggravated burglary[
5329 (i) (i) robbery[
5330 (ii) aggravated robbery[
5331 (j) an offense:
5332 (i) of:
5333 (A) theft[
5334 (B) theft by deception[
5335 (C) theft by extortion[
5336 (ii) punishable by a maximum term of imprisonment of more than one year;
5337 (k) an offense of receiving stolen property that is punishable by a maximum term of
5338 imprisonment of more than one year[
5339 (l) a financial card transaction offense punishable by a maximum term of imprisonment
5340 of more than one year[
5341 (m) bribery of a labor official[
5342 (n) bribery or threat to influence a publicly exhibited contest[
5343 76-6-514;
5344 (o) a criminal simulation offense punishable by a maximum term of imprisonment of
5345 more than one year[
5346 (p) criminal usury[
5347 (q) insurance fraud punishable by a maximum term of imprisonment of more than one
5348 year[
5349 (r) a violation [
5350 punishable by a maximum term of imprisonment of more than one year[
5351 76-6-703;
5352 (s) bribery to influence official or political actions[
5353 (t) misusing public money or public property[
5354 (u) tampering with a witness [
5355 76-8-508;
5356 (v) retaliation against a witness, victim, or informant[
5357 (w) tampering [
5358 76-8-508.5;
5359 (x) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5360 [
5361 76-8-509;
5362 [
5363 Section 76-8-306;
5364 (aa) harboring or concealing offender who has escaped from official custody under
5365 Section 76-8-309.2;
5366 [
5367 defense or war[
5368 [
5369 [
5370 [
5371 [
5372 under Section 76-8-903;
5373 [
5374 year[
5375 [
5376 punishable by a maximum term of imprisonment of more than one year[
5377 76-9-301.1;
5378 [
5379 and parts[
5380 [
5381 incendiary device[
5382 [
5383 [
5384 [
5385 76-10-1504;
5386 [
5387 [
5388 Activity Act, and the offenses listed under the definition of unlawful activity in the act,
5389 including the offenses not punishable by a maximum term of imprisonment of more than one
5390 year when those offenses are investigated as predicates for the offenses prohibited by the act[
5391 under Section 76-10-1602;
5392 [
5393 [
5394 [
5395 punishable by a maximum term of imprisonment of more than one year[
5396 76-10-1906.
5397 Section 142. Section 77-36-1 is amended to read:
5398 77-36-1. Definitions.
5399 As used in this chapter:
5400 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
5401 (2) "Department" means the Department of Public Safety.
5402 (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
5403 3, Divorce.
5404 (4) "Domestic violence" or "domestic violence offense" means any criminal offense
5405 involving violence or physical harm or threat of violence or physical harm, or any attempt,
5406 conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
5407 when committed by one cohabitant against another. "Domestic violence" or "domestic
5408 violence offense" includes commission or attempt to commit, any of the following offenses by
5409 one cohabitant against another:
5410 (a) aggravated assault[
5411 (b) aggravated cruelty to an animal[
5412 with the intent to harass or threaten the other cohabitant;
5413 (c) assault[
5414 (d) criminal homicide[
5415 (e) harassment[
5416 (f) electronic communication harassment[
5417 (g) kidnapping, child kidnapping, or aggravated kidnapping[
5418 Sections 76-5-301, 76-5-301.1, and 76-5-302;
5419 (h) mayhem[
5420 (i) sexual offenses[
5421 Offenses[
5422 (j) sexual exploitation of a minor [
5423
5424 (k) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
5425 [
5426 [
5427 under Section 76-5-304;
5428 [
5429 under Section 76-5-108;
5430 [
5431 Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or
5432 Title 76, Chapter 6, Part 3, Robbery;
5433 [
5434 Section 76-10-507;
5435 [
5436 any person, building, or vehicle[
5437 [
5438 adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator
5439 was originally charged with a domestic violence offense otherwise described in this Subsection
5440 (4), except that a conviction or adjudication of disorderly conduct as a domestic violence
5441 offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor
5442 crime of domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms
5443 Act, 18 U.S.C. Sec. 921 et seq.;
5444 [
5445 [
5446 76-10-506;
5447 [
5448 [
5449 [
5450 Section 76-8-508.3;
5451 (x) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5452 [
5453 76-5b-203[
5454 (z) unlawful distribution of a counterfeit intimate image[
5455 Section 76-5b-205;
5456 [
5457 [
5458 [
5459 Section 76-6-108; or
5460 [
5461 (5) "Jail release agreement" means the same as that term is defined in Section
5462 78B-7-801.
5463 (6) "Jail release court order" means the same as that term is defined in Section
5464 78B-7-801.
5465 (7) "Marital status" means married and living together, divorced, separated, or not
5466 married.
5467 (8) "Married and living together" means a couple whose marriage was solemnized
5468 under Section 30-1-4 or 30-1-6 and who are living in the same residence.
5469 (9) "Not married" means any living arrangement other than married and living together,
5470 divorced, or separated.
5471 (10) "Protective order" includes an order issued under Subsection 78B-7-804(3).
5472 (11) "Pretrial protective order" means a written order:
5473 (a) specifying and limiting the contact a person who has been charged with a domestic
5474 violence offense may have with an alleged victim or other specified individuals; and
5475 (b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803,
5476 pending trial in the criminal case.
5477 (12) "Sentencing protective order" means a written order of the court as part of
5478 sentencing in a domestic violence case that limits the contact an individual who is convicted or
5479 adjudicated of a domestic violence offense may have with a victim or other specified
5480 individuals under Section 78B-7-804.
5481 (13) "Separated" means a couple who have had their marriage solemnized under
5482 Section 30-1-4 or 30-1-6 and who are not living in the same residence.
5483 (14) "Victim" means a cohabitant who has been subjected to domestic violence.
5484 Section 143. Section 77-36-1.1 is amended to read:
5485 77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
5486 offenses.
5487 (1) As used in this section:
5488 (a) (i) "Convicted" means a conviction by plea or verdict of a crime or offense.
5489 (ii) "Convicted" includes:
5490 (A) a plea of guilty or guilty with a mental condition;
5491 (B) a plea of no contest; and
5492 (C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas
5493 in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in
5494 accordance with the plea in abeyance agreement.
5495 (iii) "Convicted" does not include an adjudication in juvenile court.
5496 (b) "Offense against the person" means commission or attempt to commit an offense
5497 under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide,
5498 Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital
5499 Mutilation, by one cohabitant against another.
5500 (c) "Property damage offense" means the commission or attempt to commit an offense
5501 under Section 76-6-106 or 76-6-106.1 by one cohabitant against another.
5502 (d) "Qualifying domestic violence offense" means:
5503 (i) a domestic violence offense in Utah; or
5504 (ii) an offense in any other state, or in any district, possession, or territory of the United
5505 States, that would be a domestic violence offense under Utah law.
5506 (2) An individual who is convicted of a domestic violence offense is guilty of a class B
5507 misdemeanor if:
5508 (a) the domestic violence offense described in this Subsection (2) is designated by law
5509 as a class C misdemeanor; and
5510 (b) the individual commits or is convicted of the domestic violence offense described
5511 in this Subsection (2):
5512 (i) within 10 years after the day on which the individual is convicted of a qualifying
5513 domestic violence offense that is not a [
5514 (ii) within five years after the day on which the individual is convicted of a [
5515
5516 (3) An individual who is convicted of a domestic violence offense is guilty of a class A
5517 misdemeanor if:
5518 (a) the domestic violence offense described in this Subsection (3) is designated by law
5519 as a class B misdemeanor; and
5520 (b) the individual commits or is convicted of the domestic violence offense described
5521 in this Subsection (3):
5522 (i) within 10 years after the day on which the individual is convicted of a qualifying
5523 domestic violence offense that is not a [
5524 (ii) within five years after the day on which the individual is convicted of a [
5525
5526 (4) An individual who is convicted of a domestic violence offense is guilty of a third
5527 degree felony if:
5528 (a) the domestic violence offense described in this Subsection (4) is designated by law
5529 as a class B misdemeanor offense against the person and the individual:
5530 (i) (A) commits or is convicted of the domestic violence offense described in this
5531 Subsection (4) within 10 years after the day on which the individual is convicted of a
5532 qualifying domestic violence offense that is not a [
5533 and
5534 (B) is convicted of another qualifying domestic violence offense that is not a [
5535
5536 qualifying domestic violence offense described in Subsection (4)(a)(i)(A) and before the day on
5537 which the individual is convicted of the domestic violence offense described in this Subsection
5538 (4);
5539 (ii) (A) commits or is convicted of the domestic violence offense described in this
5540 Subsection (4) within five years after the day on which the individual is convicted of a
5541 [
5542 (B) is convicted of another [
5543 on which the individual is convicted of the [
5544 described in Subsection (4)(a)(ii)(A) and before the day on which the individual is convicted of
5545 the domestic violence offense described in this Subsection (4); or
5546 (iii) commits or is convicted of the domestic violence offense described in this
5547 Subsection (4) within 10 years after the day on which the individual is convicted of a
5548 qualifying domestic violence offense that is not a [
5549 and within five years after the day on which the individual is convicted of a [
5550 property damage offense; and
5551 (b) (i) the domestic violence offense described in this Subsection (4) is designated by
5552 law as a class A misdemeanor; and
5553 (ii) the individual commits or is convicted of the domestic violence offense described
5554 in this Subsection (4):
5555 (A) within 10 years after the day on which the individual is convicted of a qualifying
5556 domestic violence offense that is not a [
5557 (B) within five years after the day on which the individual is convicted of a [
5558
5559 Section 144. Section 77-37-3 is amended to read:
5560 77-37-3. Bill of rights.
5561 (1) The bill of rights for victims and witnesses is:
5562 (a) Victims and witnesses have a right to be informed as to the level of protection from
5563 intimidation and harm available to them, and from what sources, as they participate in criminal
5564 justice proceedings as designated by Section 76-8-508, regarding [
5565 tampering with a witness, and Section 76-8-509, regarding [
5566 or bribery to dismiss a criminal proceeding. Law enforcement, prosecution, and corrections
5567 personnel have the duty to timely provide this information in a form which is useful to the
5568 victim.
5569 (b) Victims and witnesses, including children and their guardians, have a right to be
5570 informed and assisted as to their role in the criminal justice process. All criminal justice
5571 agencies have the duty to provide this information and assistance.
5572 (c) Victims and witnesses have a right to clear explanations regarding relevant legal
5573 proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
5574 All criminal justice agencies have the duty to provide these explanations.
5575 (d) Victims and witnesses should have a secure waiting area that does not require them
5576 to be in close proximity to defendants or the family and friends of defendants. Agencies
5577 controlling facilities shall, whenever possible, provide this area.
5578 (e) Victims may seek restitution or reparations, including medical costs, as provided in
5579 Title 63M, Chapter 7, Criminal Justice and Substance Abuse, Title 77, Chapter 38b, Crime
5580 Victims Restitution Act, and Section 80-6-710. State and local government agencies that serve
5581 victims have the duty to have a functional knowledge of the procedures established by the
5582 Crime Victim Reparations Board and to inform victims of these procedures.
5583 (f) Victims and witnesses have a right to have any personal property returned as
5584 provided in Chapter 11a, Seizure of Property and Contraband, and Chapter 11d, Lost or
5585 Mislaid Property. Criminal justice agencies shall expeditiously return the property when it is no
5586 longer needed for court law enforcement or prosecution purposes.
5587 (g) Victims and witnesses have the right to reasonable employer intercession services,
5588 including pursuing employer cooperation in minimizing employees' loss of pay and other
5589 benefits resulting from their participation in the criminal justice process. Officers of the court
5590 shall provide these services and shall consider victims' and witnesses' schedules so that
5591 activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
5592 request that the responsible agency intercede with employers or other parties.
5593 (h) Victims and witnesses, particularly children, should have a speedy disposition of
5594 the entire criminal justice process. All involved public agencies shall establish policies and
5595 procedures to encourage speedy disposition of criminal cases.
5596 (i) Victims and witnesses have the right to timely notice of judicial proceedings they
5597 are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
5598 have the duty to provide these notifications. Defense counsel and others have the duty to
5599 provide timely notice to prosecution of any continuances or other changes that may be required.
5600 (j) Victims of sexual offenses have the following rights:
5601 (i) the right to request voluntary testing for themselves for HIV infection as provided in
5602 Section 53-10-803 and to request mandatory testing of the alleged sexual offender for HIV
5603 infection as provided in Section 53-10-802;
5604 (ii) the right to be informed whether a DNA profile was obtained from the testing of
5605 the rape kit evidence or from other crime scene evidence;
5606 (iii) the right to be informed whether a DNA profile developed from the rape kit
5607 evidence or other crime scene evidence has been entered into the Utah Combined DNA Index
5608 System;
5609 (iv) the right to be informed whether there is a match between a DNA profile
5610 developed from the rape kit evidence or other crime scene evidence and a DNA profile
5611 contained in the Utah Combined DNA Index System, provided that disclosure would not
5612 impede or compromise an ongoing investigation; and
5613 (v) the right to designate a person of the victim's choosing to act as a recipient of the
5614 information provided under this Subsection (1)(j) and under Subsections (2) and (3).
5615 (k) Subsections (1)(j)(ii) through (iv) do not require that the law enforcement agency
5616 communicate with the victim or the victim's designee regarding the status of DNA testing,
5617 absent a specific request received from the victim or the victim's designee.
5618 (2) The law enforcement agency investigating a sexual offense may:
5619 (a) release the information indicated in Subsections (1)(j)(ii) through (iv) upon the
5620 request of a victim or the victim's designee and is the designated agency to provide that
5621 information to the victim or the victim's designee;
5622 (b) require that the victim's request be in writing; and
5623 (c) respond to the victim's request with verbal communication, written communication,
5624 or by email, if an email address is available.
5625 (3) The law enforcement agency investigating a sexual offense has the following
5626 authority and responsibilities:
5627 (a) If the law enforcement agency determines that DNA evidence will not be analyzed
5628 in a case where the identity of the perpetrator has not been confirmed, the law enforcement
5629 agency shall notify the victim or the victim's designee.
5630 (b) (i) If the law enforcement agency intends to destroy or dispose of rape kit evidence
5631 or other crime scene evidence from an unsolved sexual assault case, the law enforcement
5632 agency shall provide written notification of that intention and information on how to appeal the
5633 decision to the victim or the victim's designee of that intention.
5634 (ii) Written notification under this Subsection (3) shall be made not fewer than 60 days
5635 prior to the destruction or disposal of the rape kit evidence or other crime scene evidence.
5636 (c) A law enforcement agency responsible for providing information under Subsections
5637 (1)(j)(ii) through (iv), (2), and (3) shall do so in a timely manner and, upon request of the
5638 victim or the victim's designee, shall advise the victim or the victim's designee of any
5639 significant changes in the information of which the law enforcement agency is aware.
5640 (d) The law enforcement agency investigating the sexual offense is responsible for
5641 informing the victim or the victim's designee of the rights established under Subsections
5642 (1)(j)(ii) through (iv) and (2), and this Subsection (3).
5643 (4) Informational rights of the victim under this chapter are based upon the victim
5644 providing the current name, address, telephone number, and email address, if an email address
5645 is available, of the person to whom the information should be provided to the criminal justice
5646 agencies involved in the case.
5647 Section 145. Repealer.
5648 This bill repeals:
5649 Section 76-8-314, Threatening elected officials -- "Elected official" defined.
5650 Section 76-8-315, Threatening elected officials -- Penalties for assault.
5651 Section 76-8-404, Making profit from or misusing public money or public property
5652 -- Disqualification from office -- Criminal penalty.
5653 Section 76-8-505, False or inconsistent statements -- Proof of falsity of statements --
5654 Irregularities no defense.
5655 Section 76-8-701, Definitions.
5656 Section 76-8-702, Purpose.
5657 Section 76-8-707, Assistance by local authorities.
5658 Section 76-8-709, Enforcement of laws by local agencies not limited.
5659 Section 76-8-716, Request for assistance from state and local law enforcement
5660 authorities.
5661 Section 76-8-717, Violations -- Classifications of offenses.
5662 Section 76-8-801, Definitions.
5663 Section 76-8-806, Facts kept secret until complaint filed.
5664 Section 76-8-808, Detention and arrest without warrant of unauthorized persons
5665 on posted premises.
5666 Section 76-8-1101, Criminal offenses and penalties relating to revenue and
5667 taxation -- Rulemaking authority -- Statute of limitations.
5668 Section 76-8-1202, Application of part.
5669 Section 76-8-1204, Disclosure by provider required -- Penalty.
5670 Section 76-8-1205, Public assistance fraud defined.
5671 Section 76-8-1206, Penalties for public assistance fraud.
5672 Section 76-8-1401, Definitions.
5673 Section 146. Effective date.
5674 This bill takes effect on May 1, 2024.