Representative Matthew H. Gwynn proposes the following substitute bill:


1     
CRIMINAL CODE RECODIFICATION AND CROSS REFERENCES

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Matthew H. Gwynn

5     
Senate Sponsor: Keith Grover

6     

7     LONG TITLE
8     General Description:
9          This bill modifies criminal provisions in Title 76, Utah Criminal Code, by redrafting
10     offense statutes into a new structure and clarifying existing law.
11     Highlighted Provisions:
12          This bill:
13          ▸     reorders language into a standardized format and clarifies existing law, including
14     the offenses in Title 76, Chapter 8, Offenses Against the Administration of
15     Government;
16          ▸     for clarity, makes technical corrections to certain statutes resulting from the 2022
17     criminal code recodification:
18               •     in Title 76, Chapter 1, General Provisions, to reflect separation of aggravated
19     human trafficking and aggravated human smuggling into separate statutes; and
20               •     in Section 76-5-404.1 to remove a conflicting provision that mandatory
21     imprisonment was required for sexual abuse of a child;
22          ▸     makes technical corrections to certain statutes resulting from the 2023 criminal code
23     recodification:
24               •     in Title 76, Chapter 6, Offenses Against Property, regarding erroneous inclusion
25     of penalty provision in offense concerning unlawful dealing of property by a

26     fiduciary; and
27               •     in Title 77, Chapter 36, Cohabitant Abuse Procedures Act, to reflect separation
28     of criminal mischief statute into two separate offenses;
29          ▸     reorganizes the following offenses to enact an embedded offense as a stand-alone
30     statute:
31               •     offense concerning receiving bribe or bribery for endorsement of person as
32     public servant;
33               •     offense of interference with public servant; and
34               •     offense concerning obstruction of justice in a criminal investigation or
35     proceeding;
36          ▸     reorganizes and clarifies existing language in offense of escape and enacts
37     embedded offense of aggravated escape as stand-alone statute;
38          ▸     reorganizes existing statutes concerning secure areas, including enacting a number
39     of statutes to reflect separate stand-alone offenses;
40          ▸     reorganizes the offense of threatening an elected official;
41          ▸     reorganizes offenses concerning influencing, impeding, or retaliating against a judge
42     or a member of the Board of Pardons and Parole or a family member and enacts
43     several stand-alone statutes to reflect separate embedded offenses;
44          ▸     for clarity, revises offense concerning refusal to comply with an order to evacuate or
45     another order issued in a local or state emergency;
46          ▸     for clarity, reorganizes and revises offenses concerning aiding or concealing an
47     adjudicated minor and trespass of a secure care facility;
48          ▸     for clarity, revises statutes concerning misusing public money or public property;
49          ▸     reorganizes offenses concerning refusing to give tax assessor or tax or license
50     collector a list of, or denying access to, employees to enact embedded offense as a
51     stand-alone statute;
52          ▸     for clarity, revises language in offense concerning stealing, destroying, or mutilating
53     public records by a custodian;
54          ▸     reorganizes offenses concerning taking a toll or maintaining road, bridge, or ferry
55     without authority to enact an embedded offense as a stand-alone statute;
56          ▸     for clarity, revises statutes concerning false or inconsistent statements;

57          ▸     reorganizes offenses concerning tampering with a witness and receiving or
58     soliciting a bribe to enact embedded offense as a stand-alone statute;
59          ▸     reorganizes offenses concerning a wrongful attachment by a justice court to enact
60     embedded offense as a stand-alone statute;
61          ▸     for clarity, removes provisions from Title 76, Chapter 8, Part 7, Colleges and
62     Universities, and places them in Title 53B, State System of Higher Education;
63          ▸     for clarity, revises and reorganizes offenses:
64               •     concerning criminal trespass upon an institution of higher education and willful
65     interference with lawful activities of students or faculty; and
66               •     contained in Title 76, Chapter 8, Part 8, Sabotage Prevention;
67          ▸     for clarity, repeals duplicative language concerning criminal offenses and penalties
68     relating to revenue and taxation;
69          ▸     for clarity, revises and reorganizes offenses in:
70               •     Title 76, Chapter 8, Part 12, Public Assistance Fraud; and
71               •     Title 76, Chapter 8, Part 13, Unemployment Insurance Fraud; and
72          ▸     makes technical and conforming changes.
73     Money Appropriated in this Bill:
74          None
75     Other Special Clauses:
76          None
77     Utah Code Sections Affected:
78     AMENDS:
79          17-22-5, as last amended by Laws of Utah 2004, Chapter 301
80          26B-6-205, as renumbered and amended by Laws of Utah 2023, Chapter 308
81          35A-3-603, as last amended by Laws of Utah 2023, Chapter 328
82          35A-3-604, as last amended by Laws of Utah 2015, Chapter 221
83          35A-4-304, as last amended by Laws of Utah 2012, Chapter 15
84          35A-4-305, as last amended by Laws of Utah 2012, Chapter 15
85          35A-4-312, as last amended by Laws of Utah 2016, Chapter 296
86          53-10-403, as last amended by Laws of Utah 2023, Chapters 328, 457
87          53B-3-103, as last amended by Laws of Utah 2021, First Special Session, Chapter 7

88          59-1-401, as last amended by Laws of Utah 2023, Chapter 471
89          63G-12-402, as last amended by Laws of Utah 2022, Chapters 328, 370
90          64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
91          76-1-301, as last amended by Laws of Utah 2022, Chapter 181
92          76-3-203.1, as last amended by Laws of Utah 2023, Chapter 111
93          76-3-203.3, as last amended by Laws of Utah 2023, Chapter 111
94          76-3-203.5, as last amended by Laws of Utah 2023, Chapter 111
95          76-3-406, as last amended by Laws of Utah 2023, Chapter 184
96          76-5-203, as last amended by Laws of Utah 2022, Chapter 181
97          76-5-404.1, as last amended by Laws of Utah 2022, Chapter 181
98          76-6-513, as last amended by Laws of Utah 2023, Chapter 111
99          76-8-101, as last amended by Laws of Utah 2019, Chapter 211
100          76-8-102, as enacted by Laws of Utah 1973, Chapter 196
101          76-8-103, as last amended by Laws of Utah 1998, Chapter 92
102          76-8-104, as last amended by Laws of Utah 1991, Chapter 215
103          76-8-105, as repealed and reenacted by Laws of Utah 1998, Chapter 92
104          76-8-106, as enacted by Laws of Utah 1973, Chapter 196
105          76-8-107, as last amended by Laws of Utah 1974, Chapter 32
106          76-8-108, as last amended by Laws of Utah 1985, Chapter 21
107          76-8-110, as last amended by Laws of Utah 1992, Chapter 128
108          76-8-201, as enacted by Laws of Utah 1973, Chapter 196
109          76-8-202, as last amended by Laws of Utah 1991, Chapter 241
110          76-8-203, as last amended by Laws of Utah 2011, Chapter 336
111          76-8-301, as last amended by Laws of Utah 2020, Chapter 165
112          76-8-301.5, as last amended by Laws of Utah 2019, Chapter 411
113          76-8-302, as enacted by Laws of Utah 1973, Chapter 196
114          76-8-303, as enacted by Laws of Utah 1973, Chapter 196
115          76-8-305, as last amended by Laws of Utah 2017, Chapter 312
116          76-8-305.5, as last amended by Laws of Utah 2018, Chapter 133
117          76-8-306, as last amended by Laws of Utah 2021, Chapter 262
118          76-8-306.5, as enacted by Laws of Utah 2007, Chapter 155

119          76-8-307, as enacted by Laws of Utah 1973, Chapter 196
120          76-8-308, as last amended by Laws of Utah 1991, Chapter 241
121          76-8-309, as last amended by Laws of Utah 2022, Chapter 181
122          76-8-311.1, as last amended by Laws of Utah 2023, Chapter 330
123          76-8-311.3, as last amended by Laws of Utah 2023, Chapter 330
124          76-8-312, as last amended by Laws of Utah 1974, Chapter 32
125          76-8-313, as last amended by Laws of Utah 1996, Chapter 45
126          76-8-316, as last amended by Laws of Utah 2022, Chapter 181
127          76-8-317, as last amended by Laws of Utah 2013, Chapter 295
128          76-8-318, as last amended by Laws of Utah 2022, Chapters 181, 335
129          76-8-402, as last amended by Laws of Utah 2020, Chapter 61
130          76-8-403, as last amended by Laws of Utah 2020, Chapter 61
131          76-8-405, as enacted by Laws of Utah 1973, Chapter 196
132          76-8-406, as enacted by Laws of Utah 1973, Chapter 196
133          76-8-407, as enacted by Laws of Utah 1973, Chapter 196
134          76-8-408, as enacted by Laws of Utah 1973, Chapter 196
135          76-8-409, as last amended by Laws of Utah 1991, Chapter 5
136          76-8-410, as enacted by Laws of Utah 1973, Chapter 196
137          76-8-411, as enacted by Laws of Utah 1973, Chapter 196
138          76-8-412, as enacted by Laws of Utah 1973, Chapter 196
139          76-8-413, as enacted by Laws of Utah 1973, Chapter 196
140          76-8-414, as enacted by Laws of Utah 1973, Chapter 196
141          76-8-415, as enacted by Laws of Utah 1973, Chapter 196
142          76-8-416, as enacted by Laws of Utah 1973, Chapter 196
143          76-8-417, as enacted by Laws of Utah 1973, Chapter 196
144          76-8-418, as last amended by Laws of Utah 2022, Chapter 335
145          76-8-419, as last amended by Laws of Utah 2002, Chapter 166
146          76-8-420, as last amended by Laws of Utah 2007, Chapter 229
147          76-8-501, as last amended by Laws of Utah 2018, Chapter 298
148          76-8-502, as last amended by Laws of Utah 1997, Chapter 324
149          76-8-503, as last amended by Laws of Utah 2014, Chapter 167

150          76-8-504, as last amended by Laws of Utah 2022, Chapter 328
151          76-8-504.5, as enacted by Laws of Utah 1999, Chapter 215
152          76-8-504.6, as last amended by Laws of Utah 2015, Chapter 131
153          76-8-506, as last amended by Laws of Utah 2005, Chapter 92
154          76-8-507, as last amended by Laws of Utah 2002, Chapter 42
155          76-8-508, as last amended by Laws of Utah 2004, Chapter 140
156          76-8-508.3, as enacted by Laws of Utah 2004, Chapter 140
157          76-8-508.5, as last amended by Laws of Utah 1992, Chapter 219
158          76-8-509, as enacted by Laws of Utah 1973, Chapter 196
159          76-8-510.5, as last amended by Laws of Utah 2014, Chapter 167
160          76-8-511, as last amended by Laws of Utah 2003, Chapter 238
161          76-8-512, as last amended by Laws of Utah 2013, First Special Session, Chapter 4
162          76-8-513, as enacted by Laws of Utah 1973, Chapter 196
163          76-8-515, as enacted by Laws of Utah 2023, Chapter 179
164          76-8-601, as last amended by Laws of Utah 2008, Chapter 3
165          76-8-602, as last amended by Laws of Utah 1990, Chapter 59
166          76-8-603, as last amended by Laws of Utah 1990, Chapter 59
167          76-8-703, as repealed and reenacted by Laws of Utah 2013, Chapter 257
168          76-8-705, as last amended by Laws of Utah 2013, Chapter 257
169          76-8-802, as enacted by Laws of Utah 1973, Chapter 196
170          76-8-803, as enacted by Laws of Utah 1973, Chapter 196
171          76-8-804, as enacted by Laws of Utah 1973, Chapter 196
172          76-8-805, as enacted by Laws of Utah 1973, Chapter 196
173          76-8-807, as enacted by Laws of Utah 1973, Chapter 196
174          76-8-809, as last amended by Laws of Utah 2023, Chapter 435
175          76-8-810, as enacted by Laws of Utah 1973, Chapter 196
176          76-8-811, as last amended by Laws of Utah 1995, Chapter 20
177          76-8-901, as enacted by Laws of Utah 1973, Chapter 196
178          76-8-902, as enacted by Laws of Utah 1973, Chapter 196
179          76-8-903, as enacted by Laws of Utah 1973, Chapter 196
180          76-8-904, as enacted by Laws of Utah 1973, Chapter 196

181          76-8-1201, as last amended by Laws of Utah 2015, Chapter 221
182          76-8-1203, as last amended by Laws of Utah 2010, Chapter 94
183          76-8-1207, as last amended by Laws of Utah 2000, Chapter 48
184          76-8-1301, as last amended by Laws of Utah 2010, Chapter 193
185          76-8-1402, as enacted by Laws of Utah 2004, Chapter 107
186          76-8-1403, as last amended by Laws of Utah 2018, Chapter 133
187          76-9-802, as last amended by Laws of Utah 2021, Chapter 64
188          76-9-902, as last amended by Laws of Utah 2020, Chapter 394
189          76-9-1008, as last amended by Laws of Utah 2013, Chapter 278
190          76-10-1602, as last amended by Laws of Utah 2023, Chapters 34, 111, 139, and 330
191          77-23a-8, as last amended by Laws of Utah 2023, Chapter 111
192          77-36-1, as last amended by Laws of Utah 2022, Chapters 185, 430
193          77-36-1.1, as last amended by Laws of Utah 2023, Chapters 111, 184
194          77-37-3, as last amended by Laws of Utah 2023, Chapter 448
195     ENACTS:
196          53B-20-107, Utah Code Annotated 1953
197          76-8-106.1, Utah Code Annotated 1953
198          76-8-301.2, Utah Code Annotated 1953
199          76-8-309.1, Utah Code Annotated 1953
200          76-8-309.2, Utah Code Annotated 1953
201          76-8-311.2, Utah Code Annotated 1953
202          76-8-311.4, Utah Code Annotated 1953
203          76-8-311.6, Utah Code Annotated 1953
204          76-8-311.7, Utah Code Annotated 1953
205          76-8-311.8, Utah Code Annotated 1953
206          76-8-311.9, Utah Code Annotated 1953
207          76-8-311.10, Utah Code Annotated 1953
208          76-8-316.2, Utah Code Annotated 1953
209          76-8-316.4, Utah Code Annotated 1953
210          76-8-316.6, Utah Code Annotated 1953
211          76-8-320, Utah Code Annotated 1953

212          76-8-409.2, Utah Code Annotated 1953
213          76-8-416.2, Utah Code Annotated 1953
214          76-8-508.7, Utah Code Annotated 1953
215          76-8-604, Utah Code Annotated 1953
216          76-8-1203.1, Utah Code Annotated 1953
217          76-8-1203.3, Utah Code Annotated 1953
218          76-8-1203.5, Utah Code Annotated 1953
219          76-8-1203.7, Utah Code Annotated 1953
220          76-8-1302, Utah Code Annotated 1953
221          76-8-1303, Utah Code Annotated 1953
222          76-8-1304, Utah Code Annotated 1953
223     RENUMBERS AND AMENDS:
224          76-8-319, (Renumbered from 76-8-311.5, as renumbered and amended by Laws of
225     Utah 2021, Chapter 261)
226     REPEALS:
227          76-8-314, as last amended by Laws of Utah 1996, Chapter 45
228          76-8-315, as enacted by Laws of Utah 1983, Chapter 330
229          76-8-404, as last amended by Laws of Utah 2020, Chapter 61
230          76-8-505, as last amended by Laws of Utah 1997, Chapter 324
231          76-8-701, as last amended by Laws of Utah 2013, Chapters 10, 257
232          76-8-702, as last amended by Laws of Utah 2013, Chapter 257
233          76-8-707, as last amended by Laws of Utah 1993, Chapter 234
234          76-8-709, as last amended by Laws of Utah 2013, Chapter 257
235          76-8-716, as enacted by Laws of Utah 1973, Chapter 196
236          76-8-717, as last amended by Laws of Utah 2013, Chapter 257
237          76-8-801, as enacted by Laws of Utah 1973, Chapter 196
238          76-8-806, as last amended by Laws of Utah 1997, Chapter 296
239          76-8-808, as enacted by Laws of Utah 1973, Chapter 196
240          76-8-1101, as last amended by Laws of Utah 2014, Chapter 52
241          76-8-1202, as last amended by Laws of Utah 2023, Chapter 330
242          76-8-1204, as last amended by Laws of Utah 2000, Chapter 48

243          76-8-1205, as last amended by Laws of Utah 2015, Chapter 221
244          76-8-1206, as last amended by Laws of Utah 2012, Chapter 41
245          76-8-1401, as enacted by Laws of Utah 2004, Chapter 107
246     

247     Be it enacted by the Legislature of the state of Utah:
248          Section 1. Section 17-22-5 is amended to read:
249          17-22-5. Sheriff's classification of jail inmates -- Classification criteria --
250     Alternative incarceration programs -- Limitation.
251          (1) Except as provided in Subsection (4), the sheriff shall adopt and implement written
252     policies for admission of prisoners to the county jail and the classification of persons
253     incarcerated in the jail which shall provide for the separation of prisoners by gender and by
254     such other factors as may reasonably provide for the safety and well-being of inmates and the
255     community. To the extent authorized by law, any written admission policies shall be applied
256     equally to all entities using the county correctional facilities.
257          (2) Except as provided in Subsection (4), each county sheriff shall assign prisoners to a
258     facility or section of a facility based on classification criteria that the sheriff develops and
259     maintains.
260          (3) (a) Except as provided in Subsection (4), a county sheriff may develop and
261     implement alternative incarceration programs that may or may not involve housing a prisoner
262     in a jail facility.
263          (b) A prisoner housed under an alternative incarceration program under Subsection
264     (3)(a) shall be considered to be in the full custody and control of the sheriff for purposes of
265     [Section] Sections 76-8-309 and 76-8-309.1.
266          (c) A prisoner may not be placed in an alternative incarceration program under
267     Subsection (3)(a) unless:
268          (i) the jail facility is at maximum operating capacity, as established under Subsection
269     17-22-5.5(2); or
270          (ii) ordered by the court.
271          (4) This section may not be construed to authorize a sheriff to modify provisions of a
272     contract with the Department of Corrections to house in a county jail persons sentenced to the
273     Department of Corrections.

274          Section 2. Section 26B-6-205 is amended to read:
275          26B-6-205. Reporting requirements -- Investigation -- Exceptions -- Immunity --
276     Penalties -- Nonmedical healing.
277          (1) Except as provided in Subsection (4), if an individual has reason to believe that a
278     vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual
279     shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective
280     Services or to the nearest peace officer or law enforcement agency.
281          (2) (a) If a peace officer or a law enforcement agency receives a report under
282     Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult
283     Protective Services.
284          (b) Adult Protective Services and the peace officer or the law enforcement agency shall
285     coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide
286     protection to the vulnerable adult.
287          (3) When a report under Subsection (1), or a subsequent investigation by Adult
288     Protective Services, indicates that a criminal offense may have occurred against a vulnerable
289     adult:
290          (a) Adult Protective Services shall notify the nearest local law enforcement agency
291     regarding the potential offense; and
292          (b) the law enforcement agency shall initiate an investigation in cooperation with Adult
293     Protective Services.
294          (4) Subject to Subsection (5), the reporting requirement described in Subsection (1)
295     does not apply to:
296          (a) a member of the clergy, with regard to any confession made to the member of the
297     clergy while functioning in the ministerial capacity of the member of the clergy and without the
298     consent of the individual making the confession, if:
299          (i) the perpetrator made the confession directly to the member of the clergy; and
300          (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
301     to maintain the confidentiality of that confession; or
302          (b) an attorney, or an individual employed by the attorney, if knowledge of the
303     suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of
304     a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation

305     of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in
306     accordance with Utah Rules of Professional Conduct, Rule 1.6.
307          (5) (a) When a member of the clergy receives information about abuse, neglect, or
308     exploitation of a vulnerable adult from any source other than confession of the perpetrator, the
309     member of the clergy is required to report that information even though the member of the
310     clergy may have also received information about abuse, neglect, or exploitation from the
311     confession of the perpetrator.
312          (b) Exemption of the reporting requirement for an individual described in Subsection
313     (4) does not exempt the individual from any other efforts required by law to prevent further
314     abuse, neglect, or exploitation of a vulnerable adult by the perpetrator.
315          (6) (a) As used in this Subsection (6), "physician" means an individual licensed to
316     practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
317     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
318          (b) The physician-patient privilege does not:
319          (i) excuse a physician from reporting suspected abuse, neglect, or exploitation of a
320     vulnerable adult under Subsection (1); or
321          (ii) constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or
322     the cause of the vulnerable adult's injuries, in any judicial or administrative proceeding
323     resulting from a report under Subsection (1).
324          (7) (a) An individual who in good faith makes a report under Subsection (1), or who
325     otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is
326     immune from civil and criminal liability in connection with the report or notification.
327          (b) A covered provider or covered contractor, as defined in Section 26B-2-238, that
328     knowingly fails to report suspected abuse, neglect, or exploitation of a vulnerable adult to
329     Adult Protective Services, or to the nearest peace officer or law enforcement agency, under
330     Subsection (1), is subject to a private right of action and liability for the abuse, neglect, or
331     exploitation of a vulnerable adult that is committed by the individual who was not reported to
332     Adult Protective Services or to the nearest peace officer or law enforcement agency.
333          (c) This Subsection (7) does not provide immunity with respect to acts or omissions of
334     a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity
335     Act of Utah.

336          (8) If Adult Protective Services has substantial grounds to believe that an individual
337     has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in
338     accordance with this section, Adult Protective Services shall file a complaint with:
339          (a) the Division of Professional Licensing if the individual is a health care provider, as
340     defined in Section 80-2-603, or a mental health therapist, as defined in Section 58-60-102;
341          (b) the appropriate law enforcement agency if the individual is a law enforcement
342     officer, as defined in Section 53-13-103; and
343          (c) the State Board of Education if the individual is an educator, as defined in Section
344     53E-6-102.
345          (9) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails
346     to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective
347     Services, or to the nearest peace officer or law enforcement agency under Subsection (1).
348          (b) If an individual is convicted under Subsection (9)(a), the court may order the
349     individual, in addition to any other sentence the court imposes, to:
350          (i) complete community service hours; or
351          (ii) complete a program on preventing abuse, neglect, and exploitation of vulnerable
352     adults.
353          (c) In determining whether it would be appropriate to charge an individual with a
354     violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a
355     reasonable individual would not have reported suspected abuse, neglect, or exploitation of a
356     vulnerable adult because reporting would have placed the individual in immediate danger of
357     death or serious bodily injury.
358          (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
359     an individual's violation of Subsection (9)(a) as the basis for charging the individual with
360     another offense.
361          (e) A prosecution for failure to report under Subsection (9)(a) shall be commenced
362     within two years after the day on which the individual had knowledge of the suspected abuse,
363     neglect, or exploitation and willfully failed to report.
364          (10) Under circumstances not amounting to a violation of Section 76-8-508 or
365     76-8-508.7, an individual is guilty of a class B misdemeanor if the individual threatens,
366     intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report under

367     Subsection (1), the individual who made the report under Subsection (1), a witness, or any
368     other person cooperating with an investigation conducted in accordance with this chapter.
369          (11) An adult is not considered abused, neglected, or a vulnerable adult for the reason
370     that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
371     medical care.
372          Section 3. Section 35A-3-603 is amended to read:
373          35A-3-603. Civil liability for overpayment.
374          (1) A provider, recipient, or other person who receives an overpayment shall,
375     regardless of fault, return the overpayment or repay its value to the department immediately:
376          (a) upon receiving written notice of the overpayment from the department; or
377          (b) upon discovering the overpayment, if that occurs before receiving notice.
378          (2) (a) Except as provided under Subsection (2)(b), interest on the unreturned balance
379     of the overpayment shall accrue at the rate of 1% a month.
380          (b) If the overpayment was not the fault of the person receiving it, that person is not
381     liable for interest on the unreturned balance.
382          (c) In accordance with federal law and rules made by the department in accordance
383     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an overpayment may be
384     recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
385     cash-related assistance provided to a recipient under this chapter, or other means provided by
386     federal law.
387          (3) A person who knowingly assists a recipient, provider, or other person in obtaining
388     an overpayment is jointly and severally liable for the overpayment.
389          (4) (a) In proving civil liability for overpayment under this section, or Section
390     35A-3-605, when fault is alleged, the department shall prove by clear and convincing evidence
391     that the overpayment was obtained intentionally, knowingly, recklessly as "intentionally,
392     knowingly, and recklessly" are defined in Section 76-2-103, by false statement,
393     misrepresentation, impersonation, or other fraudulent means, including committing any of the
394     acts or omissions described in Sections [76-8-1203, 76-8-1204, or 76-8-1205] 76-8-1203.1,
395     76-8-1203.3, 76-8-1203.5, or 76-8-1203.7.
396          (b) If fault is established under Subsection (4)(a), Section 35A-3-605, or Title 76,
397     Chapter 8, Part 12, Public Assistance Fraud, a person who obtained or helped another obtain an

398     overpayment is subject to:
399          (i) a civil penalty of 10% of the amount of the overpayment, except for overpayments
400     related to assistance for child care services;
401          (ii) a civil penalty of 50% of the amount of the overpayment for overpayments related
402     to assistance for child care services;
403          (iii) disqualification from receiving cash assistance from the Family Employment
404     Program created in Section 35A-3-302 and the General Assistance program under Section
405     35A-3-401, if the overpayment was obtained from either of those programs, for the period
406     described in Subsection (4)(c); and
407          (iv) disqualification from SNAP, if the overpayment was received from SNAP, for the
408     period described in Subsection (4)(c).
409          (c) Unless otherwise provided by federal law, the period of a disqualification under
410     Subsections (4)(b)(iii) and (iv) is for:
411          (i) 12 months for a first offense;
412          (ii) 24 months for a second offense; and
413          (iii) permanently for a third offense.
414          (5) (a) Except as provided under Subsection (5)(b), if an action is filed, the department
415     may recover, in addition to the principal sum plus interest, reasonable attorney fees and costs.
416          (b) If the repayment obligation arose from an administrative error by the department,
417     the department may not recover attorney fees and costs.
418          (6) If a court finds that funds or benefits were secured, in whole or part, by fraud by the
419     person from whom repayment is sought, the court shall assess an additional sum as considered
420     appropriate as punitive damages up to the amount of repayment being sought.
421          (7) A criminal action for public assistance fraud is governed by Title 76, Chapter 8,
422     Part 12, Public Assistance Fraud.
423          (8) Jurisdiction over benefits is continuous.
424          (9) This chapter does not preclude the Department of Health and Human Services from
425     carrying out its responsibilities under Title 26B, Chapter 3, Part 10, Medical Benefits
426     Recovery, and Title 26B, Chapter 3, Part 11, Utah False Claims Act.
427          Section 4. Section 35A-3-604 is amended to read:
428          35A-3-604. Obligor presumed to have notice of department's rights -- Authority

429     to administer oaths, issue subpoenas, and compel witnesses and production of documents
430     -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative
431     procedures.
432          (1) An obligor is presumed to have received notice of the rights of the department
433     under this part upon engaging in this state in any of the acts described in Subsections
434     35A-3-603(3) and (4) or Section [76-8-1203, 76-8-1204, or 76-8-1205] 76-8-1203.1,
435     76-8-1203.3, 76-8-1203.5, or 76-8-1203.7.
436          (2) For the purposes of this part, the department may administer oaths and certify
437     official acts, issue subpoenas, and compel witnesses and the production of business records,
438     documents, and evidence.
439          (3) (a) Except when an overpayment results from administrative error, the department
440     may recover from the obligor:
441          (i) reasonable [attorneys'] attorney fees;
442          (ii) costs incurred in pursuing administrative remedies under this part; and
443          (iii) interest at the rate of 1% a month accruing from the date an administrative or
444     judicial order is issued determining the amount due under this part.
445          (b) The department may recover interest, attorney fees, and costs, if notice of the
446     assessment has been included in a notice of agency action issued in compliance with Title 63G,
447     Chapter 4, Administrative Procedures Act.
448          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
449     department may make, amend, and enforce rules to carry out the provisions of this part.
450          (5) Service of all notices and orders under this part shall comply with:
451          (a) Title 63G, Chapter 4, Administrative Procedures Act;
452          (b) Utah Rules of Civil Procedure; or
453          (c) rules made by the department under this part in accordance with Title 63G, Chapter
454     3, Utah Administrative Rulemaking Act, that meet standards required by due process.
455          Section 5. Section 35A-4-304 is amended to read:
456          35A-4-304. Special provisions regarding transfers of unemployment experience
457     and assignment rates.
458          (1) As used in this section:
459          (a) "Knowingly" means having actual knowledge of or acting with deliberate ignorance

460     or reckless disregard for the prohibition involved.
461          (b) "Person" has the meaning given that term by Section 7701(a)(1) of the Internal
462     Revenue Code of 1986.
463          (c) "Trade or business" includes the employer's workforce.
464          (d) "Violate or attempt to violate" includes intent to evade, misrepresentation, or
465     willful nondisclosure.
466          (2) Notwithstanding any other provision of this chapter, Subsections (3) and (4) shall
467     apply regarding assignment of rates and transfers of unemployment experience.
468          (3) (a) If an employer transfers its trade or business, or a portion of its trade or
469     business, to another employer and, at the time of the transfer, there is common ownership,
470     management, or control of the employers, then the unemployment experience attributable to
471     each employer shall be combined into a common experience rate calculation.
472          (b) The contribution rates of the employers shall be recalculated and made effective
473     upon the date of the transfer of trade or business as determined by division rule in accordance
474     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
475          (c) (i) If one or more of the employers is a qualified employer at the time of the
476     transfer, then all employing units that are party to a transfer described in Subsection (3)(a) of
477     this section shall be assigned an overall contribution rate under Subsection 35A-4-303(4),
478     using combined unemployment experience rating factors, for the rate year during which the
479     transfer occurred and for the subsequent three rate years.
480          (ii) If none of the employing units is a qualified employer at the time of the transfer,
481     then all employing units that are party to the transfer described in Subsection (3)(a) shall be
482     assigned the highest overall contribution rate applicable at the time of the transfer to any
483     employer who is party to the acquisition for the rate year during which the transfer occurred
484     and for subsequent rate years until the time when one or more of the employing units is a
485     qualified employer.
486          (iii) Once one or more employing units described in Subsection (3)(c)(ii) is a qualified
487     employer, all the employing units shall be assigned an overall rate under Subsection
488     35A-4-303(4), using combined unemployment experience rating factors for subsequent rate
489     years, not to exceed three years following the year of the transfer.
490          (d) The transfer of some or all of an employer's workforce to another employer shall be

491     considered a transfer of its trade or business when, as the result of the transfer, the transferring
492     employer no longer performs trade or business with respect to the transferred workforce, and
493     the trade or business is now performed by the employer to whom the workforce is transferred.
494          (4) (a) Whenever a person is not an employer under this chapter at the time it acquires
495     the trade or business of an employer, the unemployment experience of the acquired business
496     may not be transferred to that person if the division finds that the person acquired the business
497     solely or primarily for the purpose of obtaining a lower rate of contributions.
498          (b) The person shall be assigned the applicable new employer rate under Subsection
499     35A-4-303(5).
500          (c) In determining whether the business was acquired solely or primarily for the
501     purpose of obtaining a lower rate of contributions, the division shall use objective factors
502     which may include:
503          (i) the cost of acquiring the business;
504          (ii) whether the person continued the business enterprise of the acquired business;
505          (iii) how long the business enterprise was continued; or
506          (iv) whether a substantial number of new employees were hired for performance of
507     duties unrelated to the business activity conducted prior to acquisition.
508          (5) (a) If a person knowingly violates or attempts to violate Subsection (3) or (4) or any
509     other provision of this chapter related to determining the assignment of a contribution rate, or if
510     a person knowingly advises another person in a way that results in a violation of any of those
511     subsections or provisions, the person is subject to the following penalties:
512          (i) (A) If the person is an employer, then the employer shall be assigned an overall
513     contribution rate of 5.4% for the rate year during which the violation or attempted violation
514     occurred and for the subsequent rate year.
515          (B) If the person's business is already at 5.4% for any year, or if the amount of increase
516     in the person's rate would be less than 2% for that year, then a penalty surcharge of
517     contributions of 2% of taxable wages shall be imposed for the rate year during which the
518     violation or attempted violation occurred and for the subsequent rate year.
519          (ii) (A) If the person is not an employer, the person shall be subject to a civil penalty of
520     not more than $5,000.
521          (B) The fine shall be deposited in the penalty and interest account established under

522     Section 35A-4-506.
523          (b) (i) In addition to the penalty imposed by Subsection (5)(a), a violation of this
524     section may be prosecuted as unemployment insurance fraud.
525          (ii) The determination of the degree of an offense shall be measured by the total value
526     of all contributions avoided or reduced or contributions sought to be avoided or reduced by the
527     unlawful conduct as applied to the degrees listed under [Subsection 76-8-1301(2)(a)] Section
528     76-8-1302 or 76-8-1303.
529          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
530     division shall make rules to identify the transfer or acquisition of a business for purposes of this
531     section.
532          (7) This section shall be interpreted and applied in a manner that meets the minimum
533     requirements contained in any guidance or regulations issued by the United States Department
534     of Labor.
535          Section 6. Section 35A-4-305 is amended to read:
536          35A-4-305. Collection of contributions -- Unpaid contributions to bear interest --
537     Offer to compromise.
538          (1) (a) Contributions unpaid on the date on which they are due and payable, as
539     prescribed by the division, shall bear interest at the rate of 1% per month from and after that
540     date until payment plus accrued interest is received by the division.
541          (b) (i) Contribution reports not made and filed by the date on which they are due as
542     prescribed by the division are subject to a penalty to be assessed and collected in the same
543     manner as contributions due under this section equal to 5% of the contribution due if the failure
544     to file on time was not more than 15 days, with an additional 5% for each additional 15 days or
545     fraction thereof during which the failure continued, but not to exceed 25% in the aggregate and
546     not less than $25 with respect to each reporting period.
547          (ii) If a report is filed after the required time and it is shown to the satisfaction of the
548     division or its authorized representative that the failure to file was due to a reasonable cause
549     and not to willful neglect, no addition shall be made to the contribution.
550          (c) (i) If contributions are unpaid after 10 days from the date of the mailing or personal
551     delivery by the division or its authorized representative, of a written demand for payment, there
552     shall attach to the contribution, to be assessed and collected in the same manner as

553     contributions due under this section, a penalty equal to 5% of the contribution due.
554          (ii) A penalty may not attach if within 10 days after the mailing or personal delivery,
555     arrangements for payment have been made with the division, or its authorized representative,
556     and payment is made in accordance with those arrangements.
557          (d) The division shall assess as a penalty a service charge, in addition to any other
558     penalties that may apply, in an amount not to exceed the service charge imposed by Section
559     7-15-1 for dishonored instruments if:
560          (i) any amount due the division for contributions, interest, other penalties or benefit
561     overpayments is paid by check, draft, order, or other instrument; and
562          (ii) the instrument is dishonored or not paid by the institution against which it is drawn.
563          (e) Except for benefit overpayments under Subsection 35A-4-405(5), benefit
564     overpayments, contributions, interest, penalties, and assessed costs, uncollected three years
565     after they become due, may be charged as uncollectible and removed from the records of the
566     division if:
567          (i) no assets belonging to the liable person and subject to attachment can be found; and
568          (ii) in the opinion of the division there is no likelihood of collection at a future date.
569          (f) Interest and penalties collected in accordance with this section shall be paid into the
570     Special Administrative Expense Account created by Section 35A-4-506.
571          (g) Action required for the collection of sums due under this chapter is subject to the
572     applicable limitations of actions under Title 78B, Chapter 2, Statutes of Limitations.
573          (2) (a) If an employer fails to file a report when prescribed by the division for the
574     purpose of determining the amount of the employer's contribution due under this chapter, or if
575     the report when filed is incorrect or insufficient or is not satisfactory to the division, the
576     division may determine the amount of wages paid for employment during the period or periods
577     with respect to which the reports were or should have been made and the amount of
578     contribution due from the employer on the basis of any information it may be able to obtain.
579          (b) The division shall give written notice of the determination to the employer.
580          (c) The determination is considered correct unless:
581          (i) the employer, within 10 days after mailing or personal delivery of notice of the
582     determination, applies to the division for a review of the determination as provided in Section
583     35A-4-508; or

584          (ii) unless the division or its authorized representative of its own motion reviews the
585     determination.
586          (d) The amount of contribution determined under Subsection (2)(a) is subject to
587     penalties and interest as provided in Subsection (1).
588          (3) (a) If, after due notice, an employer defaults in the payment of contributions,
589     interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit
590     overpayments and penalties on the overpayments, the amount due shall be collectible by civil
591     action in the name of the division, and the employer adjudged in default shall pay the costs of
592     the action.
593          (b) Civil actions brought under this section to collect contributions, interest, or
594     penalties from an employer, or benefit overpayments and penalties from a claimant shall be:
595          (i) heard by the court at the earliest possible date; and
596          (ii) entitled to preference upon the calendar of the court over all other civil actions
597     except:
598          (A) petitions for judicial review under this chapter; and
599          (B) cases arising under the workers' compensation law of this state.
600          (c) (i) (A) To collect contributions, interest, or penalties, or benefit overpayments and
601     penalties due from employers or claimants located outside Utah, the division may employ
602     private collectors providing debt collection services outside Utah.
603          (B) Accounts may be placed with private collectors only after the employer or claimant
604     has been given a final notice that the division intends to place the account with a private
605     collector for further collection action.
606          (C) The notice shall advise the employer or claimant of the employer's or claimant's
607     rights under this chapter and the applicable rules of the department.
608          (ii) (A) A private collector may receive as compensation up to 25% of the lesser of the
609     amount collected or the amount due, plus the costs and fees of any civil action or postjudgment
610     remedy instituted by the private collector with the approval of the division.
611          (B) The employer or claimant shall be liable to pay the compensation of the collector,
612     costs, and fees in addition to the original amount due.
613          (iii) A private collector is subject to the federal Fair Debt Collection Practices Act, 15
614     U.S.C. Sec. 1692 et seq.

615          (iv) (A) A civil action may not be maintained by a private collector without specific
616     prior written approval of the division.
617          (B) When division approval is given for civil action against an employer or claimant,
618     the division may cooperate with the private collector to the extent necessary to effect the civil
619     action.
620          (d) (i) Notwithstanding Section 35A-4-312, the division may disclose the contribution,
621     interest, penalties or benefit overpayments and penalties, costs due, the name of the employer
622     or claimant, and the employer's or claimant's address and telephone number when any
623     collection matter is referred to a private collector under Subsection (3)(c).
624          (ii) A private collector is subject to the confidentiality requirements and penalty
625     provisions provided in [Section] Sections 35A-4-312 and [Subsection 76-8-1301(4)]
626     76-8-1304, except to the extent disclosure is necessary in a civil action to enforce collection of
627     the amounts due.
628          (e) An action taken by the division under this section may not be construed to be an
629     election to forego other collection procedures by the division.
630          (4) (a) In the event of a distribution of an employer's assets under an order of a court
631     under the laws of Utah, including a receivership, assignment for benefits of creditors,
632     adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter
633     due shall be paid in full prior to all other claims except taxes and claims for wages of not more
634     than $400 to each claimant, earned within five months of the commencement of the
635     proceeding.
636          (b) If an employer commences a proceeding in the Federal Bankruptcy Court under a
637     chapter of 11 U.S.C. 101 et seq., as amended by the Bankruptcy Abuse Prevention and
638     Consumer Protection Act of 2005, contributions, interest, and penalties then or thereafter due
639     shall be entitled to the priority provided for taxes, interest, and penalties in the Bankruptcy
640     Abuse Prevention and Consumer Protection Act of 2005.
641          (5) (a) In addition and as an alternative to any other remedy provided by this chapter
642     and provided that no appeal or other proceeding for review provided by this chapter is then
643     pending and the time for taking it has expired, the division may issue a warrant in duplicate,
644     under its official seal, directed to the sheriff of any county of the state, commanding the sheriff
645     to levy upon and sell the real and personal property of a delinquent employer or claimant found

646     within the sheriff's county for the payment of the contributions due, with the added penalties,
647     interest, or benefit overpayment and penalties, and costs, and to return the warrant to the
648     division and pay into the fund the money collected by virtue of the warrant by a time to be
649     specified in the warrant, not more than 60 days from the date of the warrant.
650          (b) (i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the
651     duplicate with the clerk of the district court in the sheriff's county.
652          (ii) The clerk shall enter in the judgment docket, in the column for judgment debtors,
653     the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate
654     columns the amount of the contribution, penalties, interest, or benefit overpayment and
655     penalties, and costs, for which the warrant is issued and the date when the duplicate is filed.
656          (c) The amount of the docketed warrant shall:
657          (i) have the force and effect of an execution against all personal property of the
658     delinquent employer; and
659          (ii) become a lien upon the real property of the delinquent employer or claimant in the
660     same manner and to the same extent as a judgment duly rendered by a district court and
661     docketed in the office of the clerk.
662          (d) After docketing, the sheriff shall:
663          (i) proceed in the same manner as is prescribed by law with respect to execution issued
664     against property upon judgments of a court of record; and
665          (ii) be entitled to the same fees for the sheriff's services in executing the warrant, to be
666     collected in the same manner.
667          (6) (a) Contributions imposed by this chapter are a lien upon the property of an
668     employer liable for the contribution required to be collected under this section who shall sell
669     out the employer's business or stock of goods or shall quit business, if the employer fails to
670     make a final report and payment on the date subsequent to the date of selling or quitting
671     business on which they are due and payable as prescribed by rule.
672          (b) (i) An employer's successor, successors, or assigns, if any, are required to withhold
673     sufficient of the purchase money to cover the amount of the contributions and interest or
674     penalties due and payable until the former owner produces a receipt from the division showing
675     that they have been paid or a certificate stating that no amount is due.
676          (ii) If the purchaser of a business or stock of goods fails to withhold sufficient purchase

677     money, the purchaser is personally liable for the payment of the amount of the contributions
678     required to be paid by the former owner, interest and penalties accrued and unpaid by the
679     former owner, owners, or assignors.
680          (7) (a) If an employer is delinquent in the payment of a contribution, the division may
681     give notice of the amount of the delinquency by registered mail to all persons having in their
682     possession or under their control, any credits or other personal property belonging to the
683     employer, or owing any debts to the employer at the time of the receipt by them of the notice.
684          (b) A person notified under Subsection (7)(a) shall neither transfer nor make any other
685     disposition of the credits, other personal property, or debts until:
686          (i) the division has consented to a transfer or disposition; or
687          (ii) 20 days after the receipt of the notice.
688          (c) All persons notified under Subsection (7)(a) shall, within five days after receipt of
689     the notice, advise the division of credits, other personal property, or other debts in their
690     possession, under their control or owing by them, as the case may be.
691          (8) (a) (i) Each employer shall furnish the division necessary information for the proper
692     administration of this chapter and shall include wage information for each employee, for each
693     calendar quarter.
694          (ii) The information shall be furnished at a time, in the form, and to those individuals
695     as the department may by rule require.
696          (b) (i) Each employer shall furnish each individual worker who is separated that
697     information as the department may by rule require, and shall furnish within 48 hours of the
698     receipt of a request from the division a report of the earnings of any individual during the
699     individual's base-period.
700          (ii) The report shall be on a form prescribed by the division and contain all information
701     prescribed by the division.
702          (c) (i) For each failure by an employer to conform to this Subsection (8) the division
703     shall, unless good cause is shown, assess a $50 penalty if the filing was not more than 15 days
704     late.
705          (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
706     of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
707     per filing.

708          (iii) The penalty is to be collected in the same manner as contributions due under this
709     chapter.
710          (d) (i) The division shall prescribe rules providing standards for determining which
711     contribution reports shall be filed on magnetic or electronic media or in other machine-readable
712     form.
713          (ii) In prescribing these rules, the division:
714          (A) may not require an employer to file contribution reports on magnetic or electronic
715     media unless the employer is required to file wage data on at least 250 employees during any
716     calendar quarter or is an authorized employer representative who files quarterly tax reports on
717     behalf of 100 or more employers during any calendar quarter;
718          (B) shall take into account, among other relevant factors, the ability of the employer to
719     comply at reasonable cost with the requirements of the rules; and
720          (C) may require an employer to post a bond for failure to comply with the rules
721     required by this Subsection (8)(d).
722          (9) (a) (i) An employer liable for payments in lieu of contributions shall file
723     Reimbursable Employment and Wage Reports.
724          (ii) The reports are due on the last day of the month that follows the end of each
725     calendar quarter unless the division, after giving notice, changes the due date.
726          (iii) A report postmarked on or before the due date is considered timely.
727          (b) (i) Unless the employer can show good cause, the division shall assess a $50
728     penalty against an employer who does not file Reimbursable Employment and Wage Reports
729     within the time limits set out in Subsection (9)(a) if the filing was not more than 15 days late.
730          (ii) If the filing is more than 15 days late, the division shall assess an additional penalty
731     of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250
732     per filing.
733          (iii) The division shall assess and collect the penalties referred to in this Subsection
734     (9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311.
735          (10) If a person liable to pay a contribution or benefit overpayment imposed by this
736     chapter neglects or refuses to pay it after demand, the amount, including any interest, additional
737     amount, addition to contributions, or assessable penalty, together with any additional accruable
738     costs, shall be a lien in favor of the division upon all property and rights to property, whether

739     real or personal belonging to the person.
740          (11) (a) The lien imposed by Subsection (10) arises at the time the assessment, as
741     defined in the department rules, is made and continues until the liability for the amount
742     assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
743          (b) (i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder
744     of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a
745     warrant with the clerk of the district court.
746          (ii) For the purposes of this Subsection (11)(b):
747          (A) "Judgment lien creditor" means a person who obtains a valid judgment of a court
748     of record for recovery of specific property or a sum certain of money, and who in the case of a
749     recovery of money, has a perfected lien under the judgment on the property involved. A
750     judgment lien does not include inchoate liens such as attachment or garnishment liens until
751     they ripen into a judgment. A judgment lien does not include the determination or assessment
752     of a quasi-judicial authority, such as a state or federal taxing authority.
753          (B) "Mechanics' lien holder" means any person who has a lien on real property, or on
754     the proceeds of a contract relating to real property, for services, labor, or materials furnished in
755     connection with the construction or improvement of the property. A person has a lien on the
756     earliest date the lien becomes valid against subsequent purchasers without actual notice, but not
757     before the person begins to furnish the services, labor, or materials.
758          (C) "Person" means:
759          (I) an individual;
760          (II) a trust;
761          (III) an estate;
762          (IV) a partnership;
763          (V) an association;
764          (VI) a company;
765          (VII) a limited liability company;
766          (VIII) a limited liability partnership; or
767          (IX) a corporation.
768          (D) "Purchaser" means a person who, for adequate and full consideration in money or
769     money's worth, acquires an interest, other than a lien or security interest, in property which is

770     valid under state law against subsequent purchasers without actual notice.
771          (E) "Security interest" means any interest in property acquired by contract for the
772     purpose of securing payment or performance of an obligation or indemnifying against loss or
773     liability. A security interest exists at any time:
774          (I) the property is in existence and the interest has become protected under the law
775     against a subsequent judgment lien arising out of an unsecured obligation; and
776          (II) to the extent that, at that time, the holder has parted with money or money's worth.
777          (12) (a) Except in cases involving a violation of unemployment compensation
778     provisions under Section 76-8-1301, 76-8-1302, 76-8-1303, 76-8-1304, Subsection
779     35A-4-304(5), or Subsection 35A-4-405(5), and at the discretion of the division, the division
780     may accept an offer in compromise from an employer or claimant to reduce past due debt
781     arising from contributions or benefit overpayments imposed under this chapter.
782          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
783     division shall make rules for allowing an offer in compromise provided under Subsection
784     (12)(a).
785          Section 7. Section 35A-4-312 is amended to read:
786          35A-4-312. Records.
787          (1) (a) An employing unit shall keep true and accurate work records containing
788     information the department may prescribe by rule.
789          (b) A record shall be open to inspection and subject to being copied by the division or
790     its authorized representatives at a reasonable time and as often as necessary.
791          (c) An employing unit shall make a record available in the state for three years after the
792     calendar year in which the services are rendered.
793          (2) The division may require from an employing unit a sworn or unsworn report with
794     respect to a person employed by the employing unit that the division considers necessary for
795     the effective administration of this chapter.
796          (3) Except as provided in this section or in Sections 35A-4-103 and 35A-4-106,
797     information obtained under this chapter or obtained from an individual may not be published or
798     open to public inspection in a manner revealing the employing unit's or individual's identity.
799          (4) (a) The information obtained by the division under this section may not be used in
800     court or admitted into evidence in an action or proceeding, except:

801          (i) in an action or proceeding arising out of this chapter;
802          (ii) if the Labor Commission enters into a written agreement with the division under
803     Subsection (6)(b), in an action or proceeding by the Labor Commission to enforce:
804          (A) Title 34, Chapter 23, Employment of Minors;
805          (B) Title 34, Chapter 28, Payment of Wages;
806          (C) Title 34, Chapter 40, Utah Minimum Wage Act; or
807          (D) Title 34A, Utah Labor Code;
808          (iii) under the terms of a court order obtained under Subsection 63G-2-202(7) and
809     Section 63G-2-207; or
810          (iv) under the terms of a written agreement between the Office of State Debt Collection
811     and the division as provided in Subsection (5).
812          (b) The information obtained by the division under this section shall be disclosed to:
813          (i) a party to an unemployment insurance hearing before an administrative law judge of
814     the department or a review by the Workforce Appeals Board to the extent necessary for the
815     proper presentation of the party's case; or
816          (ii) an employer, upon request in writing for information concerning a claim for a
817     benefit with respect to a former employee of the employer.
818          (5) The information obtained by the division under this section may be disclosed to:
819          (a) an employee of the department in the performance of the employee's duties in
820     administering this chapter or other programs of the department;
821          (b) an employee of the Labor Commission for the purpose of carrying out the programs
822     administered by the Labor Commission;
823          (c) an employee of the Department of Commerce for the purpose of carrying out the
824     programs administered by the Department of Commerce;
825          (d) an employee of the governor's office or another state governmental agency
826     administratively responsible for statewide economic development, to the extent necessary for
827     economic development policy analysis and formulation;
828          (e) an employee of another governmental agency that is specifically identified and
829     authorized by federal or state law to receive the information for the purposes stated in the law
830     authorizing the employee of the agency to receive the information;
831          (f) an employee of a governmental agency or workers' compensation insurer to the

832     extent the information will aid in:
833          (i) the detection or avoidance of duplicate, inconsistent, or fraudulent claims against:
834          (A) a workers' compensation program; or
835          (B) public assistance funds; or
836          (ii) the recovery of overpayments of workers' compensation or public assistance funds;
837          (g) an employee of a law enforcement agency to the extent the disclosure is necessary
838     to avoid a significant risk to public safety or in aid of a felony criminal investigation;
839          (h) an employee of the State Tax Commission or the Internal Revenue Service for the
840     purposes of:
841          (i) audit verification or simplification;
842          (ii) state or federal tax compliance;
843          (iii) verification of a code or classification of the:
844          (A) 1987 Standard Industrial Classification Manual of the federal Executive Office of
845     the President, Office of Management and Budget; or
846          (B) 2002 North American Industry Classification System of the federal Executive
847     Office of the President, Office of Management and Budget; and
848          (iv) statistics;
849          (i) an employee or contractor of the department or an educational institution, or other
850     governmental entity engaged in workforce investment and development activities under the
851     Workforce Innovation and Opportunity Act, 29 U.S.C. Sec. 3101 et seq., for the purpose of:
852          (i) coordinating services with the department;
853          (ii) evaluating the effectiveness of those activities; and
854          (iii) measuring performance;
855          (j) an employee of the Governor's Office of Economic Opportunity, for the purpose of
856     periodically publishing in the Directory of Business and Industry, the name, address, telephone
857     number, number of employees by range, code or classification of an employer, and type of
858     ownership of Utah employers;
859          (k) the public for any purpose following a written waiver by all interested parties of
860     their rights to nondisclosure;
861          (l) an individual whose wage data is submitted to the department by an employer, if no
862     information other than the individual's wage data and the identity of the employer who

863     submitted the information is provided to the individual;
864          (m) an employee of the Insurance Department for the purpose of administering Title
865     31A, Chapter 40, Professional Employer Organization Licensing Act;
866          (n) an employee of the Office of State Debt Collection for the purpose of collecting
867     state accounts receivable as provided in Section 63A-3-502; or
868          (o) a creditor, under a court order, to collect on a judgment as provided in Section
869     35A-4-314.
870          (6) Disclosure of private information under Subsection (4)(a)(ii) or Subsection (5),
871     with the exception of Subsections (5)(a), (g), and (o), may be made if:
872          (a) the division determines that the disclosure will not have a negative effect on:
873          (i) the willingness of employers to report wage and employment information; or
874          (ii) the willingness of individuals to file claims for unemployment benefits; and
875          (b) the agency enters into a written agreement with the division in accordance with
876     rules made by the department.
877          (7) (a) The employees of a division of the department other than the Workforce
878     Research and Analysis Division and the Unemployment Insurance Division or an agency
879     receiving private information from the division under this chapter are subject to the same
880     requirements of privacy and confidentiality and to the same penalties for misuse or improper
881     disclosure of the information as employees of the division.
882          (b) Use of private information obtained from the department by a person or for a
883     purpose other than one authorized in Subsection (4) or (5) violates [Subsection 76-8-1301(4)]
884     Section 76-8-1304.
885          Section 8. Section 53-10-403 is amended to read:
886          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
887          (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
888     any person who:
889          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
890     (2)(a) or (b) on or after July 1, 2002;
891          (b) has pled guilty to or has been convicted by any other state or by the United States
892     government of an offense which if committed in this state would be punishable as one or more
893     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;

894          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
895     offense under Subsection (2)(c);
896          (d) has been booked:
897          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
898     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
899          (ii) on or after January 1, 2015, for any felony offense; or
900          (e) is a minor under Subsection (3).
901          (2) Offenses referred to in Subsection (1) are:
902          (a) any felony or class A misdemeanor under the Utah Code;
903          (b) any offense under Subsection (2)(a):
904          (i) for which the court enters a judgment for conviction to a lower degree of offense
905     under Section 76-3-402; or
906          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
907     defined in Section 77-2a-1; or
908          (c) (i) any violent felony as defined in Section 53-10-403.5;
909          (ii) sale or use of body parts, Section 26B-8-315;
910          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
911          (iv) operating a motor vehicle with any amount of a controlled substance in an
912     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
913     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
914          (v) a felony violation of enticing a minor, Section 76-4-401;
915          (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
916          (vii) a felony violation of propelling a substance or object at a correctional officer, a
917     peace officer, or an employee or a volunteer, including health care providers, Section
918     76-5-102.6;
919          (viii) negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);
920          (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
921     smuggling, Section 76-5-310.1;
922          (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
923          (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
924          (xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;

925          (xiii) sale of a child, Section 76-7-203;
926          (xiv) aggravated escape, [Subsection 76-8-309(2)] Section 76-8-309.1;
927          (xv) a felony violation of [assault on an elected official] threatened or attempted assault
928     on an elected official, Section [76-8-315] 76-8-313;
929          (xvi) [influencing, impeding, or retaliating against a judge or member of the Board of
930     Pardons and Parole] threat with intent to impede, intimidate, interfere, or retaliate against a
931     judge or a member of the Board of Pardons and Parole or acting against a family member of a
932     judge or a member of the Board of Pardons and Parole, Section 76-8-316;
933          (xvii) assault with intent to impede, intimidate, interfere, or retaliate against a judge or
934     a member of the Board of Pardons and Parole or acting against a family member of a judge or a
935     member of the Board of Pardons and Parole, Section 76-8-316.2;
936          (xviii) aggravated assault with intent to impede, intimidate, interfere, or retaliate
937     against a judge or a member of the Board of Pardons and Parole or acting against a family
938     member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316.4;
939          (xix) attempted murder with intent to impede, intimidate, interfere, or retaliate against
940     a judge or a member of the Board of Pardons and Parole or acting against a family member of a
941     judge or a member of the Board of Pardons and Parole, Section 76-8-316.6;
942          [(xvii)] (xx) advocating criminal syndicalism or sabotage, Section 76-8-902;
943          [(xviii)] (xxi) [assembly] assembling for advocating criminal syndicalism or sabotage,
944     Section 76-8-903;
945          [(xix)] (xxii) a felony violation of sexual battery, Section 76-9-702.1;
946          [(xx)] (xxiii) a felony violation of lewdness involving a child, Section 76-9-702.5;
947          [(xxi)] (xxiv) a felony violation of abuse or desecration of a dead human body, Section
948     76-9-704;
949          [(xxii)] (xxv) manufacture, possession, sale, or use of a weapon of mass destruction,
950     Section 76-10-402;
951          [(xxiii)] (xxvi) manufacture, possession, sale, or use of a hoax weapon of mass
952     destruction, Section 76-10-403;
953          [(xxiv)] (xxvii) possession of a concealed firearm in the commission of a violent
954     felony, Subsection 76-10-504(4);
955          [(xxv)] (xxviii) assault with the intent to commit bus hijacking with a dangerous

956     weapon, Subsection 76-10-1504(3);
957          [(xxvi)] (xxix) commercial obstruction, Subsection 76-10-2402(2);
958          [(xxvii)] (xxx) a felony violation of failure to register as a sex or kidnap offender,
959     Section 77-41-107;
960          [(xxviii)] (xxxi) repeat violation of a protective order, Subsection 77-36-1.1(4); or
961          [(xxix)] (xxxii) violation of condition for release after arrest under Section 78B-7-802.
962          (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
963     by the juvenile court due to the commission of any offense described in Subsection (2), and
964     who:
965          (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
966     court on or after July 1, 2002; or
967          (b) is in the legal custody of the Division of Juvenile Justice and Youth Services on or
968     after July 1, 2002, for an offense under Subsection (2).
969          Section 9. Section 53B-3-103 is amended to read:
970          53B-3-103. Power of board to adopt rules and enact regulations.
971          (1) The board may enact regulations governing the conduct of university and college
972     students, faculty, and employees.
973          (2) (a) The board may:
974          (i) enact and authorize higher education institutions to enact traffic, parking, and
975     related regulations governing all individuals on campuses and other facilities owned or
976     controlled by the institutions or the board; and
977          (ii) acknowledging that the Legislature has the authority to regulate, by law, firearms at
978     higher education institutions:
979          (A) authorize higher education institutions to establish no more than one secure area at
980     each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise
981     restrict the lawful possession or carrying of firearms; and
982          (B) authorize a higher education institution to make a rule that allows a resident of a
983     dormitory located at the institution to request only roommates who are not licensed to carry a
984     concealed firearm under Section 53-5-704 or 53-5-705.
985          (b) In addition to the requirements and penalty prescribed in [Subsections
986     76-8-311.1(3), (4), (5), and (6)] Sections 76-8-311.1 and 76-8-311.2, the board shall make rules

987     to ensure that:
988          (i) reasonable means such as mechanical, electronic, x-ray, or similar devices are used
989     to detect firearms, ammunition, or dangerous weapons contained in the personal property of or
990     on the person of any individual attempting to enter a secure area hearing room;
991          (ii) an individual required or requested to attend a hearing in a secure area hearing
992     room is notified in writing of the requirements related to entering a secured area hearing room
993     under this Subsection (2)(b) and Section 76-8-311.1;
994          (iii) the restriction of firearms, ammunition, or dangerous weapons in the secure area
995     hearing room is in effect only during the time the secure area hearing room is in use for
996     hearings and for a reasonable time before and after its use; and
997          (iv) reasonable space limitations are applied to the secure area hearing room as
998     warranted by the number of individuals involved in a typical hearing.
999          (c) (i) The board may not require proof of vaccination as a condition for enrollment or
1000     attendance within the system of higher education unless the board allows for the following
1001     exemptions:
1002          (A) a medical exemption if the student provides to the institution a statement that the
1003     claimed exemption is for a medical reason; and
1004          (B) a personal exemption if the student provides to the institution a statement that the
1005     claimed exemption is for a personal or religious belief.
1006          (ii) An institution that offers both remote and in-person learning options may not deny
1007     a student who is exempt from a requirement to receive a vaccine under Subsection (2)(c)(i) to
1008     participate in an in-person learning option based upon the student's vaccination status.
1009          (iii) Subsections (2)(c)(i) and (ii) do not apply to a student studying in a medical setting
1010     at an institution of higher education.
1011          (iv) Nothing in this section restricts a state or local health department from acting
1012     under applicable law to contain the spread of an infectious disease.
1013          (d) (i) For purposes of this Subsection (2)(d), "face covering" means the same as that
1014     term is defined in Section 53G-9-210.
1015          (ii) The board may not require an individual to wear a face covering as a condition of
1016     attendance for in-person instruction, institution-sponsored athletics, institution-sponsored
1017     extracurricular activities, in dormitories, or in any other place on a campus of an institution

1018     within the system of higher education at any time after the end of the spring semester in 2021.
1019          (iii) Subsection (2)(d)(ii) does not apply to an individual in a medical setting at an
1020     institution of higher education.
1021          (3) The board shall enact regulations that require all testimony be given under oath
1022     during an employee grievance hearing for a non-faculty employee of an institution of higher
1023     education if the grievance hearing relates to the non-faculty employee's:
1024          (a) demotion; or
1025          (b) termination.
1026          (4) The board and institutions may enforce these rules and regulations in any
1027     reasonable manner, including the assessment of fees, fines, and forfeitures, the collection of
1028     which may be by withholding from money owed the violator, the imposition of probation,
1029     suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue
1030     certificates, degrees, and diplomas, through judicial process or any reasonable combination of
1031     these alternatives.
1032          Section 10. Section 53B-20-107 is enacted to read:
1033          53B-20-107. Powers of chief administrative officer to order individuals off an
1034     institution of higher education's property.
1035          (1) As used in this section:
1036          (a) "Chief administrative officer" means the president of an institution or an individual
1037     designated by the president.
1038          (b) "Institution of higher education" means:
1039          (i) a state institution of higher education as defined in Section 53B-3-102; or
1040          (ii) a private institution of higher education in the state accredited by a regional or
1041     national accrediting agency recognized by the United States Department of Education.
1042          (2) It is the purpose of this section to:
1043          (a) supplement and clarify the power vested in the governing board of each institution
1044     of higher education; and
1045          (b) regulate, conduct, and enforce law and order on property owned, operated, or
1046     controlled by each institution of higher education.
1047          (3) A chief administrative officer may order an individual to leave property that is
1048     owned, operated, or controlled by an institution of higher education if:

1049          (a) the individual acts, or if the chief administrative officer has reasonable cause to
1050     believe that the individual intends to act, to:
1051          (i) cause injury to an individual;
1052          (ii) cause damage to property;
1053          (iii) commit a crime;
1054          (iv) interfere with the peaceful conduct of the activities of the institution of higher
1055     education;
1056          (v) violate a rule or regulation of the institution of higher education if that rule or
1057     regulation is not in conflict with state law; or
1058          (vi) disrupt the institution of higher education, the institution's pupils, or the institution
1059     of higher education's activities; or
1060          (b) the individual is reckless as to whether the individual's actions will cause fear for
1061     the safety of another individual.
1062          (4) (a) If a law enforcement agency or security department of an institution of higher
1063     education lacks sufficient manpower to deal effectively with a condition of unrest existing or
1064     developing on a campus or related facility of the institution of higher education in the judgment
1065     of the chief administrative officer, the chief administrative officer may call for assistance from
1066     the county sheriff of the county, a city law enforcement agency, or the Department of Public
1067     Safety.
1068          (b) Upon receipt of the request under Subsection (4)(a), the county sheriff, a city law
1069     enforcement agency, or the Department of Public Safety must render all necessary assistance
1070     without expense to the institution of higher education.
1071          (c) All personnel while rendering assistance to the institution of higher education shall
1072     serve under the general direction of the chief administrative officer.
1073          (5) Nothing in this section shall limit:
1074          (a) the right or duty of a local law enforcement agency to enforce the law which the
1075     local law enforcement agency had prior to this enactment; or
1076          (b) the right of a state or local law enforcement agency to enforce the laws of this state.
1077          Section 11. Section 59-1-401 is amended to read:
1078          59-1-401. Definitions -- Offenses and penalties -- Rulemaking authority -- Statute
1079     of limitations -- Commission authority to waive, reduce, or compromise penalty or

1080     interest.
1081          (1) As used in this section:
1082          (a) "Tax, fee, or charge" means:
1083          (i) a tax, fee, or charge the commission administers under:
1084          (A) this title;
1085          (B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
1086          (C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
1087          (D) Section 19-6-410.5;
1088          (E) Section 19-6-714;
1089          (F) Section 19-6-805;
1090          (G) Section 34A-2-202;
1091          (H) Section 40-6-14; or
1092          (I) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
1093     or
1094          (ii) another amount that by statute is subject to a penalty imposed under this section.
1095          (b) "Tax, fee, or charge" does not include a tax, fee, or charge imposed under:
1096          (i) Title 41, Chapter 1a, Motor Vehicle Act, except for Section 41-1a-301;
1097          (ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
1098          (iii) Chapter 2, Property Tax Act, except for Section 59-2-1309;
1099          (iv) Chapter 3, Tax Equivalent Property Act; or
1100          (v) Chapter 4, Privilege Tax.
1101          (2) (a) The due date for filing a return is:
1102          (i) if the person filing the return is not allowed by law an extension of time for filing
1103     the return, the day on which the return is due as provided by law; or
1104          (ii) if the person filing the return is allowed by law an extension of time for filing the
1105     return, the earlier of:
1106          (A) the date the person files the return; or
1107          (B) the last day of that extension of time as allowed by law.
1108          (b) A penalty in the amount described in Subsection (2)(c) is imposed if a person files a
1109     return after the due date described in Subsection (2)(a).
1110          (c) For purposes of Subsection (2)(b), the penalty is an amount equal to the greater of:

1111          (i) $20; or
1112          (ii) (A) 2% of the unpaid tax, fee, or charge due on the return if the return is filed no
1113     later than five days after the due date described in Subsection (2)(a);
1114          (B) 5% of the unpaid tax, fee, or charge due on the return if the return is filed more
1115     than five days after the due date but no later than 15 days after the due date described in
1116     Subsection (2)(a); or
1117          (C) 10% of the unpaid tax, fee, or charge due on the return if the return is filed more
1118     than 15 days after the due date described in Subsection (2)(a).
1119          (d) This Subsection (2) does not apply to:
1120          (i) an amended return; or
1121          (ii) a return with no tax due.
1122          (3) (a) Except as provided in Subsection (15), a person is subject to a penalty for
1123     failure to pay a tax, fee, or charge if:
1124          (i) the person files a return on or before the due date for filing a return described in
1125     Subsection (2)(a), but fails to pay the tax, fee, or charge due on the return on or before that due
1126     date;
1127          (ii) the person:
1128          (A) is subject to a penalty under Subsection (2)(b); and
1129          (B) fails to pay the tax, fee, or charge due on a return within a 90-day period after the
1130     due date for filing a return described in Subsection (2)(a);
1131          (iii) (A) the person is subject to a penalty under Subsection (2)(b); and
1132          (B) the commission estimates an amount of tax due for that person in accordance with
1133     Subsection 59-1-1406(2);
1134          (iv) the person:
1135          (A) is mailed a notice of deficiency; and
1136          (B) within a 30-day period after the day on which the notice of deficiency described in
1137     Subsection (3)(a)(iv)(A) is mailed:
1138          (I) does not file a petition for redetermination or a request for agency action; and
1139          (II) fails to pay the tax, fee, or charge due on a return;
1140          (v) (A) the commission:
1141          (I) issues an order constituting final agency action resulting from a timely filed petition

1142     for redetermination or a timely filed request for agency action; or
1143          (II) is considered to have denied a request for reconsideration under Subsection
1144     63G-4-302(3)(b) resulting from a timely filed petition for redetermination or a timely filed
1145     request for agency action; and
1146          (B) the person fails to pay the tax, fee, or charge due on a return within a 30-day period
1147     after the date the commission:
1148          (I) issues the order constituting final agency action described in Subsection
1149     (3)(a)(v)(A)(I); or
1150          (II) is considered to have denied the request for reconsideration described in
1151     Subsection (3)(a)(v)(A)(II); or
1152          (vi) the person fails to pay the tax, fee, or charge within a 30-day period after the date
1153     of a final judicial decision resulting from a timely filed petition for judicial review.
1154          (b) For purposes of Subsection (3)(a), the penalty is an amount equal to the greater of:
1155          (i) $20; or
1156          (ii) (A) 2% of the unpaid tax, fee, or charge due on the return if the activated tax, fee,
1157     or charge due on the return is paid no later than five days after the due date for filing a return
1158     described in Subsection (2)(a);
1159          (B) 5% of the unpaid tax, fee, or charge due on the return if the activated tax, fee, or
1160     charge due on the return is paid more than five days after the due date for filing a return
1161     described in Subsection (2)(a) but no later than 15 days after that due date; or
1162          (C) 10% of the unpaid tax, fee, or charge due on the return if the activated tax, fee, or
1163     charge due on the return is paid more than 15 days after the due date for filing a return
1164     described in Subsection (2)(a).
1165          (4) (a) In the case of any underpayment of estimated tax or quarterly installments
1166     required by Sections 59-5-107, 59-5-207, 59-7-504, and 59-9-104, there shall be added a
1167     penalty in an amount determined by applying the interest rate provided under Section 59-1-402
1168     plus four percentage points to the amount of the underpayment for the period of the
1169     underpayment.
1170          (b) (i) For purposes of Subsection (4)(a), the amount of the underpayment shall be the
1171     excess of the required installment over the amount, if any, of the installment paid on or before
1172     the due date for the installment.

1173          (ii) The period of the underpayment shall run from the due date for the installment to
1174     whichever of the following dates is the earlier:
1175          (A) the original due date of the tax return, without extensions, for the taxable year; or
1176          (B) with respect to any portion of the underpayment, the date on which that portion is
1177     paid.
1178          (iii) For purposes of this Subsection (4), a payment of estimated tax shall be credited
1179     against unpaid required installments in the order in which the installments are required to be
1180     paid.
1181          (5) (a) Notwithstanding Subsection (2) and except as provided in Subsection (6), a
1182     person allowed by law an extension of time for filing a corporate franchise or income tax return
1183     under Chapter 7, Corporate Franchise and Income Taxes, or an individual income tax return
1184     under Chapter 10, Individual Income Tax Act, is subject to a penalty in the amount described in
1185     Subsection (5)(b) if, on or before the day on which the return is due as provided by law, not
1186     including the extension of time, the person fails to pay:
1187          (i) for a person filing a corporate franchise or income tax return under Chapter 7,
1188     Corporate Franchise and Income Taxes, the payment required by Subsection 59-7-507(1)(b); or
1189          (ii) for a person filing an individual income tax return under Chapter 10, Individual
1190     Income Tax Act, the payment required by Subsection 59-10-516(2).
1191          (b) For purposes of Subsection (5)(a), the penalty per month during the period of the
1192     extension of time for filing the return is an amount equal to 2% of the tax due on the return,
1193     unpaid as of the day on which the return is due as provided by law.
1194          (6) If a person does not file a return within an extension of time allowed by Section
1195     59-7-505 or 59-10-516, the person:
1196          (a) is not subject to a penalty in the amount described in Subsection (5)(b); and
1197          (b) is subject to a penalty in an amount equal to the sum of:
1198          (i) a late file penalty in an amount equal to the greater of:
1199          (A) $20; or
1200          (B) 10% of the tax due on the return, unpaid as of the day on which the return is due as
1201     provided by law, not including the extension of time; and
1202          (ii) a late pay penalty in an amount equal to the greater of:
1203          (A) $20; or

1204          (B) 10% of the unpaid tax due on the return, unpaid as of the day on which the return is
1205     due as provided by law, not including the extension of time.
1206          (7) (a) Additional penalties for an underpayment of a tax, fee, or charge are as provided
1207     in this Subsection (7)(a).
1208          (i) Except as provided in Subsection (7)(c), if any portion of an underpayment of a tax,
1209     fee, or charge is due to negligence, the penalty is 10% of the portion of the underpayment that
1210     is due to negligence.
1211          (ii) Except as provided in Subsection (7)(d), if any portion of an underpayment of a
1212     tax, fee, or charge is due to intentional disregard of law or rule, the penalty is 15% of the entire
1213     underpayment.
1214          (iii) If any portion of an underpayment is due to an intent to evade a tax, fee, or charge,
1215     the penalty is the greater of $500 per period or 50% of the entire underpayment.
1216          (iv) If any portion of an underpayment is due to fraud with intent to evade a tax, fee, or
1217     charge, the penalty is the greater of $500 per period or 100% of the entire underpayment.
1218          (b) If the commission determines that a person is liable for a penalty imposed under
1219     Subsection (7)(a)(ii), (iii), or (iv), the commission shall notify the person of the proposed
1220     penalty.
1221          (i) The notice of proposed penalty shall:
1222          (A) set forth the basis of the assessment; and
1223          (B) be mailed by certified mail, postage prepaid, to the person's last-known address.
1224          (ii) Upon receipt of the notice of proposed penalty, the person against whom the
1225     penalty is proposed may:
1226          (A) pay the amount of the proposed penalty at the place and time stated in the notice;
1227     or
1228          (B) proceed in accordance with the review procedures of Subsection (7)(b)(iii).
1229          (iii) A person against whom a penalty is proposed in accordance with this Subsection
1230     (7) may contest the proposed penalty by filing a petition for an adjudicative proceeding with
1231     the commission.
1232          (iv) (A) If the commission determines that a person is liable for a penalty under this
1233     Subsection (7), the commission shall assess the penalty and give notice and demand for
1234     payment.

1235          (B) The commission shall mail the notice and demand for payment described in
1236     Subsection (7)(b)(iv)(A):
1237          (I) to the person's last-known address; and
1238          (II) in accordance with Section 59-1-1404.
1239          (c) A seller that voluntarily collects a tax under Subsection 59-12-107(2)(d) is not
1240     subject to the penalty under Subsection (7)(a)(i) if on or after July 1, 2001:
1241          (i) a court of competent jurisdiction issues a final unappealable judgment or order
1242     determining that:
1243          (A) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1244     or is a seller required to pay or collect and remit sales and use taxes under Subsection
1245     59-12-107(2)(b) or (2)(c); and
1246          (B) the commission or a county, city, or town may require the seller to collect a tax
1247     under Subsections 59-12-103(2)(a) through (e); or
1248          (ii) the commission issues a final unappealable administrative order determining that:
1249          (A) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1250     or is a seller required to pay or collect and remit sales and use taxes under Subsection
1251     59-12-107(2)(b) or (2)(c); and
1252          (B) the commission or a county, city, or town may require the seller to collect a tax
1253     under Subsections 59-12-103(2)(a) through (e).
1254          (d) A seller that voluntarily collects a tax under Subsection 59-12-107(2)(d) is not
1255     subject to the penalty under Subsection (7)(a)(ii) if:
1256          (i) (A) a court of competent jurisdiction issues a final unappealable judgment or order
1257     determining that:
1258          (I) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1259     or is a seller required to pay or collect and remit sales and use taxes under Subsection
1260     59-12-107(2)(b) or (2)(c); and
1261          (II) the commission or a county, city, or town may require the seller to collect a tax
1262     under Subsections 59-12-103(2)(a) through (e); or
1263          (B) the commission issues a final unappealable administrative order determining that:
1264          (I) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
1265     or is a seller required to pay or collect and remit sales and use taxes under Subsection

1266     59-12-107(2)(b) or (2)(c); and
1267          (II) the commission or a county, city, or town may require the seller to collect a tax
1268     under Subsections 59-12-103(2)(a) through (e); and
1269          (ii) the seller's intentional disregard of law or rule is warranted by existing law or by a
1270     nonfrivolous argument for the extension, modification, or reversal of existing law or the
1271     establishment of new law.
1272          (8) (a) Subject to Subsections (8)(b) and (c), the penalty for failure to file an
1273     information return, information report, or a complete supporting schedule is $50 for each
1274     information return, information report, or supporting schedule up to a maximum of $1,000.
1275          (b) If an employer is subject to a penalty under Subsection (13), the employer may not
1276     be subject to a penalty under Subsection (8)(a).
1277          (c) If an employer is subject to a penalty under this Subsection (8) for failure to file a
1278     return in accordance with Subsection 59-10-406(3) on or before the due date described in
1279     Subsection 59-10-406(3)(b)(ii), the commission may not impose a penalty under this
1280     Subsection (8) unless the return is filed more than 14 days after the due date described in
1281     Subsection 59-10-406(3)(b)(ii).
1282          (9) If a person, in furtherance of a frivolous position, has a prima facie intent to delay
1283     or impede administration of a law relating to a tax, fee, or charge and files a purported return
1284     that fails to contain information from which the correctness of reported tax, fee, or charge
1285     liability can be determined or that clearly indicates that the tax, fee, or charge liability shown is
1286     substantially incorrect, the penalty is $500.
1287          (10) (a) A seller that fails to remit a tax, fee, or charge monthly as required by
1288     Subsection 59-12-108(1)(a):
1289          (i) is subject to a penalty described in Subsection (2); and
1290          (ii) may not retain the percentage of sales and use taxes that would otherwise be
1291     allowable under Subsection 59-12-108(2).
1292          (b) A seller that fails to remit a tax, fee, or charge by electronic funds transfer as
1293     required by Subsection 59-12-108(1)(a)(ii)(B):
1294          (i) is subject to a penalty described in Subsection (2); and
1295          (ii) may not retain the percentage of sales and use taxes that would otherwise be
1296     allowable under Subsection 59-12-108(2).

1297          (11) (a) A person is subject to the penalty provided in Subsection (11)(c) if that person:
1298          (i) commits an act described in Subsection (11)(b) with respect to one or more of the
1299     following documents:
1300          (A) a return;
1301          (B) an affidavit;
1302          (C) a claim; or
1303          (D) a document similar to Subsections (11)(a)(i)(A) through (C);
1304          (ii) knows or has reason to believe that the document described in Subsection (11)(a)(i)
1305     will be used in connection with any material matter administered by the commission; and
1306          (iii) knows that the document described in Subsection (11)(a)(i), if used in connection
1307     with any material matter administered by the commission, would result in an understatement of
1308     another person's liability for a tax, fee, or charge.
1309          (b) The following acts apply to Subsection (11)(a)(i):
1310          (i) preparing any portion of a document described in Subsection (11)(a)(i);
1311          (ii) presenting any portion of a document described in Subsection (11)(a)(i);
1312          (iii) procuring any portion of a document described in Subsection (11)(a)(i);
1313          (iv) advising in the preparation or presentation of any portion of a document described
1314     in Subsection (11)(a)(i);
1315          (v) aiding in the preparation or presentation of any portion of a document described in
1316     Subsection (11)(a)(i);
1317          (vi) assisting in the preparation or presentation of any portion of a document described
1318     in Subsection (11)(a)(i); or
1319          (vii) counseling in the preparation or presentation of any portion of a document
1320     described in Subsection (11)(a)(i).
1321          (c) For purposes of Subsection (11)(a), the penalty:
1322          (i) shall be imposed by the commission;
1323          (ii) is $500 for each document described in Subsection (11)(a)(i) with respect to which
1324     the person described in Subsection (11)(a) meets the requirements of Subsection (11)(a); and
1325          (iii) is in addition to any other penalty provided by law.
1326          (d) The commission may seek a court order to enjoin a person from engaging in
1327     conduct that is subject to a penalty under this Subsection (11).

1328          (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1329     commission may make rules prescribing the documents that are similar to Subsections
1330     (11)(a)(i)(A) through (C).
1331          (12) (a) [As provided in Section 76-8-1101, criminal] Criminal offenses and penalties
1332     are [as] provided in Subsections (12)(b) through (e).
1333          (b) (i) A person who is required by this title or any laws the commission administers or
1334     regulates to register with or obtain a license or permit from the commission, who operates
1335     without having registered or secured a license or permit, or who operates when the registration,
1336     license, or permit is expired or not current, is guilty of a class B misdemeanor.
1337          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(b)(i), the
1338     penalty may not:
1339          (A) be less than $500; or
1340          (B) exceed $1,000.
1341          (c) (i) With respect to a tax, fee, or charge, a person who knowingly and intentionally,
1342     and without a reasonable good faith basis, fails to make, render, sign, or verify a return within
1343     the time required by law or to supply information within the time required by law, or who
1344     makes, renders, signs, or verifies a false or fraudulent return or statement, or who supplies false
1345     or fraudulent information, is guilty of a third degree felony.
1346          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(c)(i), the
1347     penalty may not:
1348          (A) be less than $1,000; or
1349          (B) exceed $5,000.
1350          (d) (i) A person who intentionally or willfully attempts to evade or defeat a tax, fee, or
1351     charge or the payment of a tax, fee, or charge is, in addition to other penalties provided by law,
1352     guilty of a second degree felony.
1353          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(d)(i), the
1354     penalty may not:
1355          (A) be less than $1,500; or
1356          (B) exceed $25,000.
1357          (e) (i) A person is guilty of a second degree felony if that person commits an act:
1358          (A) described in Subsection (12)(e)(ii) with respect to one or more of the following

1359     documents:
1360          (I) a return;
1361          (II) an affidavit;
1362          (III) a claim; or
1363          (IV) a document similar to Subsections (12)(e)(i)(A)(I) through (III); and
1364          (B) subject to Subsection (12)(e)(iii), with knowledge that the document described in
1365     Subsection (12)(e)(i)(A):
1366          (I) is false or fraudulent as to any material matter; and
1367          (II) could be used in connection with any material matter administered by the
1368     commission.
1369          (ii) The following acts apply to Subsection (12)(e)(i):
1370          (A) preparing any portion of a document described in Subsection (12)(e)(i)(A);
1371          (B) presenting any portion of a document described in Subsection (12)(e)(i)(A);
1372          (C) procuring any portion of a document described in Subsection (12)(e)(i)(A);
1373          (D) advising in the preparation or presentation of any portion of a document described
1374     in Subsection (12)(e)(i)(A);
1375          (E) aiding in the preparation or presentation of any portion of a document described in
1376     Subsection (12)(e)(i)(A);
1377          (F) assisting in the preparation or presentation of any portion of a document described
1378     in Subsection (12)(e)(i)(A); or
1379          (G) counseling in the preparation or presentation of any portion of a document
1380     described in Subsection (12)(e)(i)(A).
1381          (iii) This Subsection (12)(e) applies:
1382          (A) regardless of whether the person for which the document described in Subsection
1383     (12)(e)(i)(A) is prepared or presented:
1384          (I) knew of the falsity of the document described in Subsection (12)(e)(i)(A); or
1385          (II) consented to the falsity of the document described in Subsection (12)(e)(i)(A); and
1386          (B) in addition to any other penalty provided by law.
1387          (iv) Notwithstanding Section 76-3-301, for purposes of this Subsection (12)(e), the
1388     penalty may not:
1389          (A) be less than $1,500; or

1390          (B) exceed $25,000.
1391          (v) The commission may seek a court order to enjoin a person from engaging in
1392     conduct that is subject to a penalty under this Subsection (12)(e).
1393          (vi) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1394     the commission may make rules prescribing the documents that are similar to Subsections
1395     (12)(e)(i)(A)(I) through (III).
1396          (f) The statute of limitations for prosecution for a violation of this Subsection (12) is
1397     the later of six years:
1398          (i) from the date the tax should have been remitted; or
1399          (ii) after the day on which the person commits the criminal offense.
1400          (13) (a) Subject to Subsection (13)(b), an employer that is required to file a form with
1401     the commission in accordance with Subsection 59-10-406(8) or (9) is subject to a penalty
1402     described in Subsection (13)(b) if the employer:
1403          (i) fails to file the form with the commission in an electronic format approved by the
1404     commission as required by Subsection 59-10-406(8) or (9);
1405          (ii) fails to file the form on or before the due date provided in Subsection 59-10-406(8)
1406     or (9);
1407          (iii) fails to provide accurate information on the form; or
1408          (iv) fails to provide all of the information required by the Internal Revenue Service to
1409     be contained on the form.
1410          (b) For purposes of Subsection (13)(a), the penalty is:
1411          (i) $30 per form, not to exceed $75,000 in a calendar year, if the employer files the
1412     form in accordance with Subsection 59-10-406(8) or (9), more than 14 days after the due date
1413     provided in Subsection 59-10-406(8) or (9) but no later than 30 days after the due date
1414     provided in Subsection 59-10-406(8) or (9);
1415          (ii) $60 per form, not to exceed $200,000 in a calendar year, if the employer files the
1416     form in accordance with Subsection 59-10-406(8) or (9), more than 30 days after the due date
1417     provided in Subsection 59-10-406(8) or (9) but on or before June 1; or
1418          (iii) $100 per form, not to exceed $500,000 in a calendar year, if the employer:
1419          (A) files the form in accordance with Subsection 59-10-406(8) or (9) after June 1; or
1420          (B) fails to file the form.

1421          (14) Upon making a record of the commission's actions, and upon reasonable cause
1422     shown, the commission may waive, reduce, or compromise any of the penalties or interest
1423     imposed under this part.
1424          (15) Failure to pay a tax described in Subsection 59-10-1403.2(2) shall be subject to a
1425     penalty as described in Subsection (3) except that the penalty shall be:
1426          (a) assessed only if the pass-through entity reports tax paid on a Utah Schedule K-1 but
1427     does not pay some or all of the tax reported; and
1428          (b) calculated based on the difference between the amount of tax reported and the
1429     amount of tax paid.
1430          Section 12. Section 63G-12-402 is amended to read:
1431          63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
1432     Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
1433          (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
1434     agency or political subdivision of the state shall verify the lawful presence in the United States
1435     of an individual at least 18 years old who applies for:
1436          (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
1437          (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
1438     agency or political subdivision of this state.
1439          (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
1440     Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
1441     Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
1442     States of each individual who:
1443          (i) owns an interest in the contractor that is an unincorporated entity; and
1444          (ii) engages, or will engage, in a construction trade in Utah as an owner of the
1445     contractor described in Subsection (1)(b)(i).
1446          (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
1447     national origin.
1448          (3) Verification of lawful presence under this section is not required for:
1449          (a) any purpose for which lawful presence in the United States is not restricted by law,
1450     ordinance, or regulation;
1451          (b) assistance for health care items and services that:

1452          (i) are necessary for the treatment of an emergency medical condition, as defined in 42
1453     U.S.C. Sec. 1396b(v)(3), of the individual involved; and
1454          (ii) are not related to an organ transplant procedure;
1455          (c) short-term, noncash, in-kind emergency disaster relief;
1456          (d) public health assistance for immunizations with respect to immunizable diseases
1457     and for testing and treatment of symptoms of communicable diseases whether or not the
1458     symptoms are caused by the communicable disease;
1459          (e) programs, services, or assistance such as soup kitchens, crisis counseling and
1460     intervention, and short-term shelter, specified by the United States Attorney General, in the
1461     sole and unreviewable discretion of the United States Attorney General after consultation with
1462     appropriate federal agencies and departments, that:
1463          (i) deliver in-kind services at the community level, including through public or private
1464     nonprofit agencies;
1465          (ii) do not condition the provision of assistance, the amount of assistance provided, or
1466     the cost of assistance provided on the income or resources of the individual recipient; and
1467          (iii) are necessary for the protection of life or safety;
1468          (f) the exemption for paying the nonresident portion of total tuition as set forth in
1469     Section 53B-8-106;
1470          (g) an applicant for a license under Section 61-1-4, if the applicant:
1471          (i) is registered with the Financial Industry Regulatory Authority; and
1472          (ii) files an application with the state Division of Securities through the Central
1473     Registration Depository;
1474          (h) a state public benefit to be given to an individual under Title 49, Utah State
1475     Retirement and Insurance Benefit Act;
1476          (i) a home loan that will be insured, guaranteed, or purchased by:
1477          (i) the Federal Housing Administration, the Veterans Administration, or any other
1478     federal agency; or
1479          (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
1480          (j) a subordinate loan or a grant that will be made to an applicant in connection with a
1481     home loan that does not require verification under Subsection (3)(i);
1482          (k) an applicant for a license issued by the Department of Commerce or individual

1483     described in Subsection (1)(b), if the applicant or individual provides the Department of
1484     Commerce:
1485          (i) certification, under penalty of perjury, that the applicant or individual is:
1486          (A) a United States citizen;
1487          (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
1488          (C) lawfully present in the United States; and
1489          (ii) (A) the number assigned to a driver license or identification card issued under Title
1490     53, Chapter 3, Uniform Driver License Act; or
1491          (B) the number assigned to a driver license or identification card issued by a state other
1492     than Utah if, as part of issuing the driver license or identification card, the state verifies an
1493     individual's lawful presence in the United States; and
1494          (l) an applicant for:
1495          (i) an Opportunity scholarship described in Title 53B, Chapter 8, Part 2, Regents'
1496     Scholarship Program;
1497          (ii) a New Century scholarship described in Section 53B-8-105;
1498          (iii) a promise grant described in Section 53B-13a-104; or
1499          (iv) a scholarship:
1500          (A) for an individual who is a graduate of a high school located within Utah; and
1501          (B) administered by an institution of higher education as defined in Section 53B-2-101.
1502          (4) (a) An agency or political subdivision required to verify the lawful presence in the
1503     United States of an applicant under this section shall require the applicant to certify under
1504     penalty of perjury that:
1505          (i) the applicant is a United States citizen; or
1506          (ii) the applicant is:
1507          (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
1508          (B) lawfully present in the United States.
1509          (b) The certificate required under this Subsection (4) shall include a statement advising
1510     the signer that providing false information subjects the signer to penalties for perjury.
1511          (5) An agency or political subdivision shall verify a certification required under
1512     Subsection (4)(a)(ii) through the federal SAVE program.
1513          (6) (a) An individual who knowingly and willfully makes a false, fictitious, or

1514     fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
1515     to the criminal penalties applicable in this state for:
1516          (i) making a written false statement under Section 76-8-504; and
1517          (ii) fraudulently obtaining:
1518          (A) public assistance program benefits under [Sections 76-8-1205 and 76-8-1206]
1519     Section 76-8-1203.1; or
1520          (B) unemployment compensation under Section 76-8-1301, 76-8-1302, 76-8-1303, or
1521     76-8-1304.
1522          (b) If the certification constitutes a false claim of United States citizenship under 18
1523     U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
1524     States Attorney General for the applicable district based upon the venue in which the
1525     application was made.
1526          (c) If an agency or political subdivision receives verification that a person making an
1527     application for a benefit, service, or license is not a qualified alien, the agency or political
1528     subdivision shall provide the information to the Office of the Attorney General unless
1529     prohibited by federal mandate.
1530          (7) An agency or political subdivision may adopt variations to the requirements of this
1531     section that:
1532          (a) clearly improve the efficiency of or reduce delay in the verification process; or
1533          (b) provide for adjudication of unique individual circumstances where the verification
1534     procedures in this section would impose an unusual hardship on a legal resident of Utah.
1535          (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
1536     local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
1537          (9) A state agency or department that administers a program of state or local public
1538     benefits shall:
1539          (a) provide an annual report to the governor, the president of the Senate, and the
1540     speaker of the House regarding its compliance with this section; and
1541          (b) (i) monitor the federal SAVE program for application verification errors and
1542     significant delays;
1543          (ii) provide an annual report on the errors and delays to ensure that the application of
1544     the federal SAVE program is not erroneously denying a state or local benefit to a legal resident

1545     of the state; and
1546          (iii) report delays and errors in the federal SAVE program to the United States
1547     Department of Homeland Security.
1548          Section 13. Section 64-13-14.5 is amended to read:
1549          64-13-14.5. Limits of confinement place -- Release status -- Work release.
1550          (1) The department may extend the limits of the place of confinement of an inmate
1551     when, as established by department policies and procedures, there is cause to believe the
1552     inmate will honor the trust, by authorizing the inmate under prescribed conditions:
1553          (a) to leave temporarily for purposes specified by department policies and procedures
1554     to visit specifically designated places for a period not to exceed 30 days;
1555          (b) to participate in a voluntary training program in the community while housed at a
1556     correctional facility or to work at paid employment;
1557          (c) to be housed in a nonsecure community correctional center operated by the
1558     department; or
1559          (d) to be housed in any other facility under contract with the department.
1560          (2) The department shall establish rules governing offenders on release status. A copy
1561     of the rules shall be furnished to the offender and to any employer or other person participating
1562     in the offender's release program. Any employer or other participating person shall agree in
1563     writing to abide by the rules and to notify the department of the offender's discharge or other
1564     release from a release program activity, or of any violation of the rules governing release status.
1565          (3) The willful failure of an inmate to remain within the extended limits of his
1566     confinement or to return within the time prescribed to an institution or facility designated by
1567     the department is an escape from custody.
1568          (4) If an offender is arrested for the commission of a crime, the arresting authority shall
1569     immediately notify the department of the arrest.
1570          (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
1571     upon offenders who violate guidelines established by the Utah Sentencing Commission,
1572     including prosecution for escape under Section 76-8-309 or 76-8-309.1 and for unauthorized
1573     absence.
1574          (6) An inmate who is housed at a nonsecure correctional facility and on work release
1575     may not be required to work for less than the current federally established minimum wage, or

1576     under substandard working conditions.
1577          Section 14. Section 76-1-301 is amended to read:
1578          76-1-301. Offenses for which prosecution may be commenced at any time.
1579          (1) As used in this section:
1580          (a) "Aggravating offense" means any offense incident to which a homicide was
1581     committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b).
1582          (b) "Predicate offense" means an offense described in Subsection 76-5-203(1)(a) if a
1583     person other than a party as defined in Section 76-2-202 was killed in the course of the
1584     commission, attempted commission, or immediate flight from the commission or attempted
1585     commission of the offense.
1586          (2) Notwithstanding any other provisions of this code, prosecution for the following
1587     offenses may be commenced at any time:
1588          (a) an offense classified as a capital felony under Section 76-3-103;
1589          (b) aggravated murder under Section 76-5-202;
1590          (c) murder under Section 76-5-203;
1591          (d) manslaughter under Section 76-5-205;
1592          (e) child abuse homicide under Section 76-5-208;
1593          (f) aggravated kidnapping under Section 76-5-302;
1594          (g) child kidnapping under Section 76-5-301.1;
1595          (h) rape under Section 76-5-402;
1596          (i) rape of a child under Section 76-5-402.1;
1597          (j) object rape under Section 76-5-402.2;
1598          (k) object rape of a child under Section 76-5-402.3;
1599          (l) forcible sodomy under Section 76-5-403;
1600          (m) sodomy on a child under Section 76-5-403.1;
1601          (n) sexual abuse of a child under Section 76-5-404.1;
1602          (o) aggravated sexual abuse of a child under Section 76-5-404.3;
1603          (p) aggravated sexual assault under Section 76-5-405;
1604          (q) any predicate offense to a murder or aggravating offense to an aggravated murder;
1605          (r) aggravated human trafficking [or aggravated human smuggling in violation of]
1606     under Section 76-5-310;

1607          (s) aggravated human smuggling under Section 76-5-310.1;
1608          [(s)] (t) aggravated exploitation of prostitution involving a child[,] under Section
1609     76-10-1306; or
1610          [(t)] (u) human trafficking of a child[,] under Section 76-5-308.5.
1611          Section 15. Section 76-3-203.1 is amended to read:
1612          76-3-203.1. Offenses committed in concert with three or more persons or in
1613     relation to a criminal street gang -- Notice -- Enhanced penalties.
1614          (1) As used in this section:
1615          (a) "Criminal street gang" means the same as that term is defined in Section 76-9-802.
1616          (b) "In concert with three or more persons" means:
1617          (i) the defendant was aided or encouraged by at least three other persons in committing
1618     the offense and was aware of this aid or encouragement; and
1619          (ii) each of the other persons:
1620          (A) was physically present; and
1621          (B) participated as a party to any offense listed in Subsection (4), (5), or (6).
1622          (c) "In concert with three or more persons" means, regarding intent:
1623          (i) other persons participating as parties need not have the intent to engage in the same
1624     offense or degree of offense as the defendant; and
1625          (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
1626     minor were an adult.
1627          (2) A person who commits any offense in accordance with this section is subject to an
1628     enhanced penalty as provided in Subsection (4), (5), or (6) if the trier of fact finds beyond a
1629     reasonable doubt that the person acted:
1630          (a) in concert with three or more persons;
1631          (b) for the benefit of, at the direction of, or in association with any criminal street gang
1632     as defined in Section 76-9-802; or
1633          (c) to gain recognition, acceptance, membership, or increased status with a criminal
1634     street gang as defined in Section 76-9-802.
1635          (3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
1636     be subscribed upon the information or indictment notice that the defendant is subject to the
1637     enhanced penalties provided under this section.

1638          (4) (a) For an offense listed in Subsection (4)(b), a person may be charged as follows:
1639          (i) for a class B misdemeanor, as a class A misdemeanor; and
1640          (ii) for a class A misdemeanor, as a third degree felony.
1641          (b) The following offenses are subject to Subsection (4)(a):
1642          (i) criminal mischief as described in Section 76-6-106;
1643          (ii) property damage or destruction as described in Section 76-6-106.1; and
1644          (iii) defacement by graffiti as described in Section 76-6-107.
1645          (5) (a) For an offense listed in Subsection (5)(b), a person may be charged as follows:
1646          (i) for a class B misdemeanor, as a class A misdemeanor;
1647          (ii) for a class A misdemeanor, as a third degree felony; and
1648          (iii) for a third degree felony, as a second degree felony.
1649          (b) The following offenses are subject to Subsection (5)(a):
1650          (i) burglary, if committed in a dwelling as defined in Subsection 76-6-202(3)(b);
1651          (ii) any offense of obstructing government operations under Chapter 8, Part 3,
1652     Obstructing Governmental Operations, except Sections 76-8-302, 76-8-303, 76-8-307,
1653     76-8-308, and 76-8-312;
1654          (iii) tampering with a witness [or other violation of] under Section 76-8-508;
1655          (iv) retaliation against a witness, victim, or informant, or other violation of Section
1656     76-8-508.3;
1657          (v) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
1658          [(v)] (vi) extortion or bribery to dismiss a criminal proceeding as defined in Section
1659     76-8-509;
1660          [(vi)] (vii) any weapons offense under Chapter 10, Part 5, Weapons; and
1661          [(vii)] (viii) any violation of Chapter 10, Part 16, Pattern of Unlawful Activity Act.
1662          (6) (a) For an offense listed in Subsection (6)(b), a person may be charged as follows:
1663          (i) for a class B misdemeanor, as a class A misdemeanor;
1664          (ii) for a class A misdemeanor, as a third degree felony;
1665          (iii) for a third degree felony, as a second degree felony; and
1666          (iv) for a second degree felony, as a first degree felony.
1667          (b) The following offenses are subject to Subsection (6)(a):
1668          (i) assault and related offenses under Chapter 5, Part 1, Assault and Related Offenses;

1669          (ii) any criminal homicide offense under Chapter 5, Part 2, Criminal Homicide;
1670          (iii) kidnapping and related offenses under Chapter 5, Part 3, Kidnapping, Trafficking,
1671     and Smuggling;
1672          (iv) any felony sexual offense under Chapter 5, Part 4, Sexual Offenses;
1673          (v) sexual exploitation of a minor as defined in Section 76-5b-201;
1674          (vi) aggravated sexual exploitation of a minor as defined in Section 76-5b-201.1;
1675          (vii) robbery and aggravated robbery under Chapter 6, Part 3, Robbery; and
1676          (viii) aggravated exploitation of prostitution under Section 76-10-1306.
1677          (7) The sentence imposed under Subsection (4), (5), or (6) may be suspended and the
1678     individual placed on probation for the higher level of offense.
1679          (8) It is not a bar to imposing the enhanced penalties under this section that the persons
1680     with whom the actor is alleged to have acted in concert are not identified, apprehended,
1681     charged, or convicted, or that any of those persons are charged with or convicted of a different
1682     or lesser offense.
1683          Section 16. Section 76-3-203.3 is amended to read:
1684          76-3-203.3. Penalty for hate crimes -- Civil rights violation.
1685          As used in this section:
1686          (1) "Primary offense" means those offenses provided in Subsection (4).
1687          (2) (a) A person who commits any primary offense with the intent to intimidate or
1688     terrorize another person or with reason to believe that his action would intimidate or terrorize
1689     that person is subject to Subsection (2)(b).
1690          (b) (i) A class C misdemeanor primary offense is a class B misdemeanor; and
1691          (ii) a class B misdemeanor primary offense is a class A misdemeanor.
1692          (3) "Intimidate or terrorize" means an act which causes the person to fear for his
1693     physical safety or damages the property of that person or another. The act must be
1694     accompanied with the intent to cause or has the effect of causing a person to reasonably fear to
1695     freely exercise or enjoy any right secured by the Constitution or laws of the state or by the
1696     Constitution or laws of the United States.
1697          (4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:
1698          (a) assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-106,
1699     76-5-107, and 76-5-108;

1700          (b) any misdemeanor property destruction offense under Sections 76-6-102 and
1701     76-6-104, and Subsection 76-6-106(2)(a);
1702          (c) any criminal trespass offense under Sections 76-6-204 and 76-6-206;
1703          (d) any misdemeanor theft offense under Section 76-6-412;
1704          (e) any offense of obstructing government operations under Sections 76-8-301,
1705     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;
1706          (f) any offense of interfering or intending to interfere with activities of colleges and
1707     universities under Title 76, Chapter 8, Part 7, Colleges and Universities;
1708          (g) any misdemeanor offense against public order and decency as defined in Title 76,
1709     Chapter 9, Part 1, Breaches of the Peace and Related Offenses;
1710          (h) any telephone abuse offense under Title 76, Chapter 9, Part 2, Electronic
1711     Communication and Telephone Abuse;
1712          (i) any cruelty to animals offense under Section 76-9-301;
1713          (j) any weapons offense under Section 76-10-506; or
1714          (k) a violation of Section 76-9-102, if the violation occurs at an official meeting.
1715          (5) This section does not affect or limit any individual's constitutional right to the
1716     lawful expression of free speech or other recognized rights secured by the Constitution or laws
1717     of the state or by the Constitution or laws of the United States.
1718          Section 17. Section 76-3-203.5 is amended to read:
1719          76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
1720          (1) As used in this section:
1721          (a) "Felony" means any violation of a criminal statute of the state, any other state, the
1722     United States, or any district, possession, or territory of the United States for which the
1723     maximum punishment the offender may be subjected to exceeds one year in prison.
1724          (b) "Habitual violent offender" means a person convicted within the state of any violent
1725     felony and who on at least two previous occasions has been convicted of a violent felony and
1726     committed to either prison in Utah or an equivalent correctional institution of another state or
1727     of the United States either at initial sentencing or after revocation of probation.
1728          (c) "Violent felony" means:
1729          (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
1730     any of the following offenses punishable as a felony:

1731          (A) [aggravated arson, arson,] arson as described in Section 76-6-102;
1732          (B) [knowingly causing a catastrophe,] causing a catastrophe as described in
1733     Subsection 76-6-105(3)(a) or (3)(b);
1734          (C) [and criminal mischief, Chapter 6, Part 1, Property Destruction] criminal mischief
1735     as described in Section 76-6-106;
1736          (D) aggravated arson as described in Section 76-6-103;
1737          [(B)] (E) assault by prisoner[,] as described in Section 76-5-102.5;
1738          [(C)] (F) disarming a police officer[,] as described in Section 76-5-102.8;
1739          [(D)] (G) aggravated assault[,] as described in Section 76-5-103;
1740          [(E)] (H) aggravated assault by prisoner[,] as described in Section 76-5-103.5;
1741          [(F)] (I) mayhem[,] as described in Section 76-5-105;
1742          [(G)] (J) stalking[,] as described in Subsection 76-5-106.5(2);
1743          [(H)] (K) threat of terrorism[,] as described in Section 76-5-107.3;
1744          [(I)] (L) aggravated child abuse[,] as described in Subsection 76-5-109.2(3)(a) or (b);
1745          [(J)] (M) commission of domestic violence in the presence of a child[,] as described in
1746     Section 76-5-114;
1747          [(K)] (N) abuse or neglect of a child with a disability[,] as described in Section
1748     76-5-110;
1749          [(L)] (O) abuse or exploitation of a vulnerable adult[,] as described in Section
1750     76-5-111, 76-5-111.2, 76-5-111.3, or 76-5-111.4;
1751          [(M)] (P) endangerment of a child or vulnerable adult[,] as described in Section
1752     76-5-112.5;
1753          [(N)] (Q) [criminal homicide offenses under] an offense described in Chapter 5, Part 2,
1754     Criminal Homicide;
1755          [(O)] (R) [kidnapping,] kidnapping as described in Section 76-5-301;
1756          (S) [child kidnapping, and] child kidnapping as described in Section 76-5-301.1;
1757          (T) [aggravated kidnapping under Chapter 5, Part 3, Kidnapping, Trafficking, and
1758     Smuggling] aggravated kidnapping as described in Section 76-5-302;
1759          [(P)] (U) rape[,] as described in Section 76-5-402;
1760          [(Q)] (V) rape of a child[,] as described in Section 76-5-402.1;
1761          [(R)] (W) object rape[,] as described in Section 76-5-402.2;

1762          [(S)] (X) object rape of a child[,] as described in Section 76-5-402.3;
1763          [(T)] (Y) forcible sodomy[,] as described in Section 76-5-403;
1764          [(U)] (Z) sodomy on a child[,] as described in Section 76-5-403.1;
1765          [(V)] (AA) forcible sexual abuse[,] as described in Section 76-5-404;
1766          [(W)] (BB) sexual abuse of a child[,] as described in Section 76-5-404.1[, or];
1767          (CC) aggravated sexual abuse of a child[,] as described in Section 76-5-404.3;
1768          [(X)] (DD) aggravated sexual assault[,] as described in Section 76-5-405;
1769          [(Y)] (EE) sexual exploitation of a minor[,] as described in Section 76-5b-201;
1770          [(Z)] (FF) aggravated sexual exploitation of a minor[,] as described in Section
1771     76-5b-201.1;
1772          [(AA)] (GG) sexual exploitation of a vulnerable adult[,] as described in Section
1773     76-5b-202;
1774          [(BB)] (HH) [aggravated burglary and burglary of a dwelling under Chapter 6, Part 2,
1775     Burglary and Criminal Trespass] burglary as described in Subsection 76-6-202(3)(b);
1776          (II) aggravated burglary as described in Section 76-6-203;
1777          [(CC)] (JJ) [aggravated robbery and robbery under Chapter 6, Part 3, Robbery] robbery
1778     as described in Section 76-6-301;
1779          (KK) aggravated robbery as described in Section 76-6-302;
1780          [(DD)] (LL) theft by extortion [under Section 76-6-406 under the circumstances
1781     described in] as described in Subsection 76-6-406(1)(a)(i) or [(ii)] (1)(a)(ii);
1782          [(EE)] (MM) tampering with a witness [under Subsection 76-8-508(1)] as described in
1783     Section 76-8-508;
1784          [(FF)] (NN) retaliation against a witness, victim, or informant [under] as described in
1785     Section 76-8-508.3;
1786          [(GG)] (OO) tampering [with] or retaliating against a juror [under] as described in
1787     Subsection [76-8-508.5(2)(c)] 76-8-508.5(2)(a)(iii);
1788          [(HH)] (PP) extortion to dismiss a criminal proceeding [under Section 76-8-509 if by
1789     any threat or by use of force theft by extortion has been committed under Section 76-6-406
1790     under the circumstances] as described in Subsection 76-6-406(1)(a)(i), (ii), or (ix);
1791          [(II)] (QQ) possession, use, or removal of explosive, chemical, or incendiary devices
1792     [under] as described in Subsections 76-10-306(3) through (6);

1793          [(JJ)] (RR) unlawful delivery of explosive, chemical, or incendiary devices [under] as
1794     described in Section 76-10-307;
1795          [(KK)] (SS) purchase or possession of a dangerous weapon or handgun by a restricted
1796     person [under] as described in Section 76-10-503;
1797          [(LL) unlawful discharge of a firearm under Section 76-10-508;]
1798          [(MM)] (TT) aggravated exploitation of prostitution [under] as described in Subsection
1799     76-10-1306(1)(a);
1800          [(NN)] (UU) bus hijacking [under] as described in Section 76-10-1504; and
1801          [(OO)] (VV) discharging firearms and hurling missiles [under] as described in Section
1802     76-10-1505; or
1803          (ii) any felony violation of a criminal statute of any other state, the United States, or
1804     any district, possession, or territory of the United States which would constitute a violent
1805     felony as defined in this Subsection (1) if committed in this state.
1806          (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
1807     trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
1808     under this section, the penalty for a:
1809          (a) third degree felony is as if the conviction were for a first degree felony;
1810          (b) second degree felony is as if the conviction were for a first degree felony; or
1811          (c) first degree felony remains the penalty for a first degree penalty except:
1812          (i) the convicted person is not eligible for probation; and
1813          (ii) the Board of Pardons and Parole shall consider that the convicted person is a
1814     habitual violent offender as an aggravating factor in determining the length of incarceration.
1815          (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
1816     provide notice in the information or indictment that the defendant is subject to punishment as a
1817     habitual violent offender under this section. Notice shall include the case number, court, and
1818     date of conviction or commitment of any case relied upon by the prosecution.
1819          (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
1820     intends to deny that:
1821          (A) the defendant is the person who was convicted or committed;
1822          (B) the defendant was represented by counsel or had waived counsel; or
1823          (C) the defendant's plea was understandingly or voluntarily entered.

1824          (ii) The notice of denial shall be served not later than five days prior to trial and shall
1825     state in detail the defendant's contention regarding the previous conviction and commitment.
1826          (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
1827     a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
1828     of the:
1829          (i) defendant's previous convictions for violent felonies, except as otherwise provided
1830     in the Utah Rules of Evidence; or
1831          (ii) allegation against the defendant of being a habitual violent offender.
1832          (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
1833     being an habitual violent offender by the same jury, if practicable, unless the defendant waives
1834     the jury, in which case the allegation shall be tried immediately to the court.
1835          (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
1836     applies.
1837          (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
1838     and the defendant shall be afforded an opportunity to present any necessary additional
1839     evidence.
1840          (iii) Before sentencing under this section, the trier of fact shall determine whether this
1841     section is applicable beyond a reasonable doubt.
1842          (d) If any previous conviction and commitment is based upon a plea of guilty or no
1843     contest, there is a rebuttable presumption that the conviction and commitment were regular and
1844     lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
1845     conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
1846     to establish by a preponderance of the evidence that the defendant was then represented by
1847     counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
1848     was understandingly and voluntarily entered.
1849          (e) If the trier of fact finds this section applicable, the court shall enter that specific
1850     finding on the record and shall indicate in the order of judgment and commitment that the
1851     defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
1852     under this section.
1853          (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
1854     provisions of this section.

1855          (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
1856     Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 4, Sexual
1857     Offenses, to determine if the convicted person is a habitual violent offender.
1858          (6) The sentencing enhancement described in this section does not apply if:
1859          (a) the offense for which the person is being sentenced is:
1860          (i) a grievous sexual offense;
1861          (ii) child kidnapping, Section 76-5-301.1;
1862          (iii) aggravated kidnapping, Section 76-5-302; or
1863          (iv) forcible sexual abuse, Section 76-5-404; and
1864          (b) applying the sentencing enhancement provided for in this section would result in a
1865     lower maximum penalty than the penalty provided for under the section that describes the
1866     offense for which the person is being sentenced.
1867          Section 18. Section 76-3-406 is amended to read:
1868          76-3-406. Crimes for which probation, suspension of sentence, lower category of
1869     offense, or hospitalization may not be granted.
1870          (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
1871     Commitment and Treatment of Individuals with a Mental Condition, except as provided in
1872     Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), probation may not be granted, the
1873     execution or imposition of sentence may not be suspended, the court may not enter a judgment
1874     for a lower category of offense, and hospitalization may not be ordered, the effect of which
1875     would in any way shorten the prison sentence for an individual who commits a capital felony or
1876     a first degree felony involving:
1877          (a) [Section 76-5-202,] aggravated murder as described in Section 76-5-202;
1878          (b) [Section 76-5-203,] murder as described in Section 76-5-203;
1879          (c) [Section 76-5-301.1, child kidnaping] child kidnapping as described in Section
1880     76-5-301.1;
1881          (d) [Section 76-5-302, aggravated kidnaping] aggravated kidnapping as described in
1882     Subsection 76-5-302(3)(b);
1883          (e) [Section 76-5-402, rape, if the individual is sentenced under] rape as described in
1884     Subsection 76-5-402(3)(b), (3)(c), or (4);
1885          (f) [Section 76-5-402.1,] rape of a child as described in Section 76-5-402.1;

1886          (g) [Section 76-5-402.2, object rape, if the individual is sentenced under] object rape as
1887     described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
1888          (h) [Section 76-5-402.3,] object rape of a child as described in Section 76-5-402.3;
1889          (i) [Section 76-5-403, forcible sodomy, if the individual is sentenced under] forcible
1890     sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
1891          (j) [Section 76-5-403.1,] sodomy on a child as described in Section 76-5-403.1;
1892          (k) [Section 76-5-404, forcible sexual abuse, if the individual is sentenced under]
1893     forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
1894          (l) [Section 76-5-404.3,] aggravated sexual abuse of a child as described in Section
1895     76-5-404.3;
1896          (m) [Section 76-5-405,] aggravated sexual assault[; or] as described in Section
1897     76-5-405; or
1898          (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
1899          (2) Except for an offense before the district court in accordance with Section 80-6-502
1900     or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
1901     defendant:
1902          (a) was under 18 years old at the time of the offense; and
1903          (b) could have been adjudicated in the juvenile court but for the delayed reporting or
1904     delayed filing of the information.
1905          Section 19. Section 76-5-203 is amended to read:
1906          76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation --
1907     Separate offenses.
1908          (1) (a) As used in this section, "predicate offense" means:
1909          (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
1910          (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused
1911     individual is younger than 18 years old;
1912          (iii) kidnapping under Section 76-5-301;
1913          (iv) child kidnapping under Section 76-5-301.1;
1914          (v) aggravated kidnapping under Section 76-5-302;
1915          (vi) rape under Section 76-5-402;
1916          (vii) rape of a child under Section 76-5-402.1;

1917          (viii) object rape under Section 76-5-402.2;
1918          (ix) object rape of a child under Section 76-5-402.3;
1919          (x) forcible sodomy under Section 76-5-403;
1920          (xi) sodomy upon a child under Section 76-5-403.1;
1921          (xii) forcible sexual abuse under Section 76-5-404;
1922          (xiii) sexual abuse of a child under Section 76-5-404.1;
1923          (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
1924          (xv) aggravated sexual assault under Section 76-5-405;
1925          (xvi) arson under Section 76-6-102;
1926          (xvii) aggravated arson under Section 76-6-103;
1927          (xviii) burglary under Section 76-6-202;
1928          (xix) aggravated burglary under Section 76-6-203;
1929          (xx) robbery under Section 76-6-301;
1930          (xxi) aggravated robbery under Section 76-6-302;
1931          (xxii) escape [or aggravated escape] under Section 76-8-309;
1932          (xxiii) aggravated escape under Section 76-8-309.1; or
1933          [(xxiii)] (xxiv) a felony violation of Section 76-10-508 or 76-10-508.1 regarding
1934     discharge of a firearm or dangerous weapon.
1935          (b) Terms defined in Section 76-1-101.5 apply to this section.
1936          (2) An actor commits murder if:
1937          (a) the actor intentionally or knowingly causes the death of another individual;
1938          (b) intending to cause serious bodily injury to another individual, the actor commits an
1939     act clearly dangerous to human life that causes the death of the other individual;
1940          (c) acting under circumstances evidencing a depraved indifference to human life, the
1941     actor knowingly engages in conduct that creates a grave risk of death to another individual and
1942     thereby causes the death of the other individual;
1943          (d) (i) the actor is engaged in the commission, attempted commission, or immediate
1944     flight from the commission or attempted commission of any predicate offense, or is a party to
1945     the predicate offense;
1946          (ii) an individual other than a party described in Section 76-2-202 is killed in the
1947     course of the commission, attempted commission, or immediate flight from the commission or

1948     attempted commission of any predicate offense; and
1949          (iii) the actor acted with the intent required as an element of the predicate offense;
1950          (e) the actor recklessly causes the death of a peace officer or military service member
1951     in uniform while in the commission or attempted commission of:
1952          (i) an assault against a peace officer under Section 76-5-102.4;
1953          (ii) interference with a peace officer while making a lawful arrest under Section
1954     76-8-305 if the actor uses force against the peace officer; or
1955          (iii) an assault against a military service member in uniform under Section 76-5-102.4;
1956     or
1957          (f) the actor commits a homicide that would be aggravated murder, but the offense is
1958     reduced in accordance with Subsection 76-5-202(4).
1959          (3) (a) (i) A violation of Subsection (2) is a first degree felony.
1960          (ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an
1961     indeterminate term of not less than 15 years and which may be for life.
1962          (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
1963     or alternatively, attempted murder, as described in this section are proved beyond a reasonable
1964     doubt, and also finds that the existence of special mitigation is established by a preponderance
1965     of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of
1966     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     notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of
1971     conviction for attempted manslaughter.
1972          (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
1973     defendant caused the death of another individual or attempted to cause the death of another
1974     individual under a reasonable belief that the circumstances provided a legal justification or
1975     excuse for the conduct although the conduct was not legally justifiable or excusable under the
1976     existing circumstances.
1977          (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
1978     the viewpoint of a reasonable person under the then existing circumstances.

1979          (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
1980     or alternatively, attempted murder, as described in this section are proved beyond a reasonable
1981     doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven
1982     beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
1983          (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
1984     judgment of conviction for manslaughter; or
1985          (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
1986     enter a judgment of conviction for attempted manslaughter.
1987          (5) (a) Any predicate offense that constitutes a separate offense does not merge with
1988     the crime of murder.
1989          (b) An actor who is convicted of murder, based on a predicate offense that constitutes a
1990     separate offense, may also be convicted of, and punished for, the separate offense.
1991          Section 20. Section 76-5-404.1 is amended to read:
1992          76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations.
1993          (1) (a) As used in this section:
1994          (i) "Adult" means an individual 18 years old or older.
1995          (ii) "Child" means an individual younger than 14 years old.
1996          (iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
1997          (iv) "Position of special trust" means:
1998          (A) an adoptive parent;
1999          (B) an athletic manager who is an adult;
2000          (C) an aunt;
2001          (D) a babysitter;
2002          (E) a coach;
2003          (F) a cohabitant of a parent if the cohabitant is an adult;
2004          (G) a counselor;
2005          (H) a doctor or physician;
2006          (I) an employer;
2007          (J) a foster parent;
2008          (K) a grandparent;
2009          (L) a legal guardian;

2010          (M) a natural parent;
2011          (N) a recreational leader who is an adult;
2012          (O) a religious leader;
2013          (P) a sibling or a stepsibling who is an adult;
2014          (Q) a scout leader who is an adult;
2015          (R) a stepparent;
2016          (S) a teacher or any other individual employed by or volunteering at a public or private
2017     elementary school or secondary school, and who is 18 years old or older;
2018          (T) an instructor, professor, or teaching assistant at a public or private institution of
2019     higher education;
2020          (U) an uncle;
2021          (V) a youth leader who is an adult; or
2022          (W) any individual in a position of authority, other than those individuals listed in
2023     Subsections (1)(a)(iv)(A) through (V), which enables the individual to exercise undue
2024     influence over the child.
2025          (b) Terms defined in Section 76-1-101.5 apply to this section.
2026          (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
2027     actor commits sexual abuse of a child if the actor:
2028          (i) (A) touches the anus, buttocks, pubic area, or genitalia of any child;
2029          (B) touches the breast of a female child; or
2030          (C) otherwise takes indecent liberties with a child; and
2031          (ii) the actor's conduct is with intent to:
2032          (A) cause substantial emotional or bodily pain to any individual; or
2033          (B) to arouse or gratify the sexual desire of any individual.
2034          (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
2035     relevant element of a violation of Subsection (2)(a).
2036          (3) A violation of Subsection (2) is a second degree felony.
2037          (4) The offenses referred to in Subsection (2)(a) are:
2038          (a) rape of a child, in violation of Section 76-5-402.1;
2039          (b) object rape of a child, in violation of Section 76-5-402.3;
2040          (c) sodomy on a child, in violation of Section 76-5-403.1; or

2041          (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
2042          [(5) Imprisonment under this section is mandatory in accordance with Section
2043     76-3-406.]
2044          Section 21. Section 76-6-513 is amended to read:
2045          76-6-513. Unlawful dealing of property by a fiduciary.
2046          (1) (a) As used in this section:
2047          (i) "Fiduciary" means the same as that term is defined in Section 22-1-1.
2048          (ii) "Financial institution" means "depository institution" and "trust company" as
2049     defined in Section 7-1-103.
2050          (iii) "Governmental entity" is as defined in Section 63G-7-102.
2051          (iv) "Person" does not include a financial institution whose fiduciary functions are
2052     supervised by the Department of Financial Institutions or a federal regulatory agency.
2053          (v) "Property" means the same as that term is defined in Section 76-6-401.
2054          (b) Terms defined in Section 76-1-101.5 apply to this section.
2055          (2) An actor commits unlawfully dealing with property by a fiduciary if the actor:
2056          (a) deals with property:
2057          (i) that has been entrusted to the actor as a fiduciary, or property of a governmental
2058     entity, public money, or of a financial institution; and
2059          (ii) in a manner which:
2060          (A) the actor knows is a violation of the actor's duty; and
2061          (B) involves substantial risk of loss or detriment to the property owner or to a person
2062     for whose benefit the property was entrusted; or
2063          (b) acting as a fiduciary pledges:
2064          (i) as collateral for a personal loan, or as collateral for the benefit of some party, other
2065     than the owner or the person for whose benefit the property was entrusted, the property that has
2066     been entrusted to the fiduciary; and
2067          (ii) without permission of the owner of the property or some other authorized person.
2068          (3) (a) A violation of Subsection (2)(a) is:
2069          (i) a second degree felony if the:
2070          (A) value of the property is or exceeds $5,000; or
2071          (B) property is stolen from the person of another;

2072          (ii) a third degree felony if:
2073          (A) the value of the property is or exceeds $1,500 but is less than $5,000;
2074          (B) the value of the property is or exceeds $500 and the actor has been twice before
2075     convicted of any of the following offenses, if each prior offense was committed within 10 years
2076     before the date of the current conviction or the date of the offense upon which the current
2077     conviction is based and at least one of those convictions is for a class A misdemeanor:
2078          (I) any theft, any robbery, or any burglary with intent to commit theft;
2079          (II) any offense under Part 5, Fraud; or
2080          (III) any attempt to commit any offense under Subsection (3)(a)(ii)(B)(I) or (II); or
2081          [(C) the value of property is or exceeds $500 but is less than $1,500; or]
2082          [(D)] (C) the actor has been previously convicted of a felony violation of any of the
2083     offenses listed in Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), if the prior offense was
2084     committed within 10 years before the date of the current conviction or the date of the offense
2085     upon which the current conviction is based;
2086          (iii) a class A misdemeanor if:
2087          (A) the value of the property stolen is or exceeds $500 but is less than $1,500; or
2088          (B) the actor has been twice before convicted of any of the offenses listed in
2089     Subsections (3)(a)(ii)(B)(I) through (3)(a)(ii)(B)(III), if each prior offense was committed
2090     within 10 years before the date of the current conviction or the date of the offense upon which
2091     the current conviction is based; or
2092          (iv) a class B misdemeanor if the value of the property stolen is less than $500 and the
2093     theft is not an offense under Subsection (3)(a)(iii)(B).
2094          (b) A violation of Subsection (2)(b) is:
2095          (i) a second degree felony if the value of the property wrongfully pledged is or exceeds
2096     $5,000;
2097          (ii) a third degree felony if the value of the property wrongfully pledged is or exceeds
2098     $1,500 but is less than $5,000;
2099          (iii) a class A misdemeanor if the value of the property is or exceeds $500, but is less
2100     than $1,500 or the actor has been twice before convicted of theft, robbery, burglary with intent
2101     to commit theft, or unlawful dealing with property by a fiduciary; or
2102          (iv) a class B misdemeanor if the value of the property is less than $500.

2103          (4) This section may not be construed to impose criminal or civil liability on any law
2104     enforcement officer acting within the scope of a criminal investigation.
2105          (5) The forfeiture of property under this section, including any seizure and disposition
2106     of the property and any related judicial or administrative proceeding, shall be conducted in
2107     accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter
2108     11c, Retention of Evidence.
2109          Section 22. Section 76-8-101 is amended to read:
2110          76-8-101. Definitions.
2111          As used in this chapter:
2112          [(1) "Candidate for electoral office" means a person who files as a candidate for office
2113     under the laws of the state.]
2114          [(2)]
2115          (1) "Party official" means [a person] an individual holding any post in a political party
2116     whether by election, appointment, or otherwise.
2117          [(3)] (2) "Peace officer" means an employee of a police or law enforcement agency that
2118     is part of or administered by the state or [any of its political subdivisions] a political
2119     subdivision of the state, and whose duties consist primarily of the prevention and detection of
2120     crime and the enforcement of criminal statutes or ordinances of this state or [any of its political
2121     subdivisions] a political subdivision of the state.
2122          [(4)] (3) (a) "Pecuniary benefit" means [any] an advantage in the form of money,
2123     property, commercial interest, or anything else, the primary significance of which is economic
2124     gain.
2125          (b) "Pecuniary benefit" does not include economic advantage applicable to the public
2126     generally, such as tax reduction or increased prosperity generally.
2127          [(5)] (4) (a) "Public property" means real or personal property that is owned, held, or
2128     managed by a public entity.
2129          (b) "Public property" includes real or personal property that is owned, held, or managed
2130     by a public entity after the real or personal property is transferred by the public entity to an
2131     independent contractor of the public entity.
2132          (c) "Public property" remains public property while in the possession of an independent
2133     contractor of a public entity for the purpose of providing a program or service for, or on behalf

2134     of, the public entity.
2135          Section 23. Section 76-8-102 is amended to read:
2136          76-8-102. Campaign contributions not prohibited.
2137          (1) Nothing in this chapter shall be construed to prohibit the giving or receiving of
2138     campaign contributions made for the purpose of defraying the costs of a political campaign.
2139          (2) No person shall be convicted of an offense solely on the evidence that a campaign
2140     contribution was made and that an appointment or nomination was subsequently made by the
2141     person to whose campaign or political party the contribution was made.
2142          Section 24. Section 76-8-103 is amended to read:
2143          76-8-103. Bribery or offering a bribe.
2144          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2145          (2) [A person is guilty of] An actor commits bribery or offering a bribe if [that person]
2146     the actor promises, offers, or agrees to give or gives, directly or indirectly, any benefit to
2147     another with the purpose or intent to influence an action, decision, opinion, recommendation,
2148     judgment, vote, nomination, or exercise of discretion of a public servant, party official, or
2149     voter.
2150          (3) A violation of Subsection (2) is:
2151          (a) a second degree felony if the value of the benefit is $1,000 or more; or
2152          (b) a third degree felony if the value of the benefit is less than $1,000.
2153          [(2)] (4) It is not a defense to a prosecution under this statute that:
2154          (a) the person sought to be influenced was not qualified to act in the desired way,
2155     whether because the person had not assumed office, lacked jurisdiction, or for any other reason;
2156          (b) the person sought to be influenced did not act in the desired way; or
2157          (c) the benefit is not conferred, solicited, or accepted until after:
2158          (i) the action, decision, opinion, recommendation, judgment, vote, nomination, or
2159     exercise of discretion, has occurred; or
2160          (ii) the public servant ceases to be a public servant.
2161          [(3) Bribery or offering a bribe is:]
2162          [(a) a third degree felony when the value of the benefit asked for, solicited, accepted, or
2163     conferred is less than $1,000; and]
2164          [(b) a second degree felony when the value of the benefit asked for, solicited, accepted,

2165     or conferred is $1,000 or more.]
2166          Section 25. Section 76-8-104 is amended to read:
2167          76-8-104. Threat to influence official or political action.
2168          (1) (a) As used in this section:
2169          (i) "Harm" means any disadvantage or injury, pecuniary or otherwise, including
2170     disadvantage or injury to any other person or entity in whose welfare the public servant, party
2171     official, or voter is interested.
2172          (ii) "Public servant" does not include a juror.
2173          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2174          (2) [A person is guilty of a class A misdemeanor if he threatens any harm to a public
2175     servant, party official, or voter] An actor commits threat to influence official or political action
2176     if the actor, with a purpose of influencing [his] an action, decision, opinion, recommendation,
2177     nomination, vote, or other exercise of discretion of a public servant, party official, or voter,
2178     threatens harm to:
2179          (a) the public servant, party official, or voter; or
2180          (b) a person or entity in whose welfare the public servant, party official, or voter is
2181     interested.
2182          (3) A violation of Subsection (2) is a class A misdemeanor.
2183          [(2) As used in this section:]
2184          [(a) "Harm" means any disadvantage or injury, pecuniary or otherwise, including
2185     disadvantage or injury to any other person or entity in whose welfare the public servant, party
2186     official, or voter is interested.]
2187          [(b) "Public servant" does not include jurors.]
2188          Section 26. Section 76-8-105 is amended to read:
2189          76-8-105. Receiving or soliciting bribe or bribery by public servant.
2190          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2191          (2) [A person is guilty of] An actor commits receiving or soliciting a bribe if [that
2192     person] the actor asks for, solicits, accepts, or receives, directly or indirectly, any benefit with
2193     the understanding or agreement that the purpose or intent is to influence an action, decision,
2194     opinion, recommendation, judgment, vote, nomination, or exercise of discretion, of a public
2195     servant, party official, or voter.

2196          (3) A violation of Subsection (2) is:
2197          (a) a second degree felony if the value of the benefit asked for, solicited, accepted, or
2198     conferred is more than $1,000; or
2199          (b) a third degree felony if the value of the benefit asked for, solicited, accepted, or
2200     conferred is $1,000 or less.
2201          [(2)] (4) It is not a defense to a prosecution under this statute that:
2202          (a) the person sought to be influenced was not qualified to act in the desired way,
2203     whether because the person had not assumed office, lacked jurisdiction, or for any other reason;
2204          (b) the person sought to be influenced did not act in the desired way; or
2205          (c) the benefit is not asked for, conferred, solicited, or accepted until after:
2206          (i) the action, decision, opinion, recommendation, judgment, vote, nomination, or
2207     exercise of discretion, has occurred; or
2208          (ii) the public servant ceases to be a public servant.
2209          [(3) Receiving or soliciting a bribe is:]
2210          [(a) a third degree felony when the value of the benefit asked for, solicited, accepted, or
2211     conferred is $1,000 or less; and]
2212          [(b) a second degree felony when the value of the benefit asked for, solicited, accepted,
2213     or conferred exceeds $1,000.]
2214          Section 27. Section 76-8-106 is amended to read:
2215          76-8-106. Receiving bribe for endorsement of person as a public servant.
2216          [A person is guilty of a class B misdemeanor if:]
2217          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2218          (2) [He] An actor commits receiving a bribe for endorsement of a person as a public
2219     servant if the actor solicits, accepts, agrees to accept for [himself] the actor's self, another
2220     person, or a political party, money or any other pecuniary benefit as compensation for [his] the
2221     actor's endorsement, nomination, appointment, approval, or disapproval of any person for a
2222     position as a public servant or for the advancement of any public servant[; or].
2223          [(2)] (3) [He knowingly gives, offers, or promises any pecuniary benefit prohibited by
2224     paragraph (1).] A violation of Subsection (2) is a class B misdemeanor.
2225          Section 28. Section 76-8-106.1 is enacted to read:
2226          76-8-106.1. Bribery for endorsement of person as public servant.

2227          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2228          (2) An actor commits bribery for endorsement of a person as a public servant if the
2229     actor knowingly gives, offers, or promises money or any other pecuniary benefit to a person or
2230     a political party as compensation for the person's or political party's endorsement, nomination,
2231     appointment, approval, or disapproval of any person for a position as a public servant or for the
2232     advancement of any public servant.
2233          (3) A violation of Subsection (2) is a class B misdemeanor.
2234          Section 29. Section 76-8-107 is amended to read:
2235          76-8-107. Alteration of proposed legislative bill or resolution.
2236          [Every person who]
2237          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2238          (2) An actor commits alteration of proposed legislative bill or resolution if the actor
2239     fraudulently alters the draft of [any] a bill or resolution [which] that has been presented to
2240     either of the houses composing the Legislature to be passed or adopted, with intent to procure
2241     [its] the proposed legislative bill or resolution being passed or adopted by either house, or
2242     certified by the presiding officer of either house in language different from that intended by
2243     [such] either house[, is guilty of a felony of the third degree].
2244          Section 30. Section 76-8-108 is amended to read:
2245          76-8-108. Alteration of enrolled legislative bill or resolution.
2246          [Every person who]
2247          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2248          (2) An actor commits alteration of enrolled legislative bill or resolution if the actor
2249     fraudulently alters the enrolled copy of [any] a bill or resolution [which] that has been passed
2250     or adopted by the Legislature with intent to procure [it] the enrolled bill or resolution to be
2251     approved by the governor or certified by the Division of Archives, or printed or published by
2252     the printer of statutes, in language different from that in which [it] the enrolled bill or
2253     resolution was passed or adopted by the Legislature[, is guilty of a felony of the third degree].
2254          (3) A violation of Subsection (2) is a third degree felony.
2255          Section 31. Section 76-8-110 is amended to read:
2256          76-8-110. Prohibited action by peace officer for collection agency or creditor.
2257          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

2258          (2) [A peace officer may not have any] An actor commits prohibited action by peace
2259     officer for collection agency or creditor if the actor:
2260          (a) is a peace officer; and
2261          (b) (i) has an interest in [any] a collection agency; or [act]
2262          (ii) acts as a compensated collection agent for [any] a creditor or collection agency.
2263          [(2)] (3) [A person that violates this section is guilty of] A violation of Subsection (2)
2264     is a class C misdemeanor.
2265          Section 32. Section 76-8-201 is amended to read:
2266          76-8-201. Official misconduct -- Unauthorized acts or failure of duty.
2267          [A public servant is guilty of a class B misdemeanor if,]
2268          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2269          (2) An actor commits official misconduct based on an unauthorized act or failure of
2270     duty if the actor:
2271          (a) is a public servant; and
2272          (b) with an intent to benefit [himself] the actor or another or to harm another, [he] the
2273     actor knowingly:
2274          (i) commits an unauthorized act [which] that purports to be an act of [his] the actor's
2275     office[,]; or
2276          (ii) knowingly refrains from performing a duty imposed on [him] the actor by law or
2277     clearly inherent in the nature of [his] the actor's office.
2278          (3) A violation of Subsection (2) is a class B misdemeanor.
2279          Section 33. Section 76-8-202 is amended to read:
2280          76-8-202. Official misconduct concerning inside information.
2281          [A public servant is guilty of a class A misdemeanor if, knowing that official action is
2282     contemplated or in reliance on information which he has acquired by virtue of his office or
2283     from another public servant, which information has not been made public, he:]
2284          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2285          (2) An actor commits official misconduct concerning inside information if:
2286          (a) the actor is a public servant; and
2287          (b) knowing that official action is contemplated, or in reliance on information that the
2288     actor has acquired by virtue of the actor's office or from another public servant, which

2289     information has not been made public, the actor:
2290          (i) acquires or divests [himself] the actor's self of a pecuniary interest in any property,
2291     transaction, or enterprise [which] that may be affected by such action or information;
2292          [(2)] (ii) speculates or wagers on the basis of such action or information; or
2293          [(3)] (iii) knowingly aids another person to do [any of the foregoing] an action
2294     described in Subsection (2)(b)(i) or (2)(b)(ii).
2295          (3) A violation of Subsection (2) is a class A misdemeanor.
2296          Section 34. Section 76-8-203 is amended to read:
2297          76-8-203. Unofficial misconduct.
2298          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2299          (2) [A person is guilty of] An actor commits unofficial misconduct if the [person] actor
2300     exercises or attempts to exercise any of the functions of a public office when the [person] actor:
2301          (a) has not taken and filed the required oath of office;
2302          (b) has failed to execute and file a required bond;
2303          (c) has not been elected or appointed to office;
2304          (d) exercises any of the functions of [his] the actor's office after [his] the actor's term
2305     has expired and the successor has been elected or appointed and has qualified, or after [his] the
2306     actor's office has been legally removed; or
2307          (e) knowingly:
2308          (i) withholds or retains from [his] the actor's successor in office, or other person
2309     entitled to possession, the official seal or [any records, papers, documents, or other writings] a
2310     record, paper, document, or other writing appertaining or belonging to [his] the actor's office
2311     [or mutilates or destroys or takes away the same.]; or
2312          (ii) mutilates, destroys, or takes away the official seal or a record, paper, document, or
2313     other writing appertaining or belonging to the actor's office.
2314          [(2)] (3) [Unofficial misconduct] A violation of Subsection (2) is a class B
2315     misdemeanor.
2316          Section 35. Section 76-8-301 is amended to read:
2317          76-8-301. Interference with public servant.
2318          (1) (a) [An individual is guilty of] As used in this section, "public servant" does not
2319     include a juror.

2320          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2321          (2) An actor commits interference with a public servant if the [individual] actor:
2322          (a) uses force, violence, intimidation, or engages in any other unlawful act with a
2323     purpose to interfere with a public servant performing or purporting to perform an official
2324     function; or
2325          (b) obstructs, hinders, conceals, or prevents the lawful service of any civil or criminal
2326     legal process[, civil or criminal, by any] by a sheriff, constable, deputy sheriff, deputy
2327     constable, peace officer, private investigator, or any other person authorized to serve legal
2328     process[; or].
2329          [(c) on property that is owned, operated, or controlled by the state or a political
2330     subdivision of the state, willfully denies to a public servant lawful:]
2331          [(i) freedom of movement;]
2332          [(ii) use of the property or facilities; or]
2333          [(iii) entry into or exit from the facilities.]
2334          [(2) Interference with a public servant:]
2335          [(a) under Subsection (1)(a) or (b) is a class B misdemeanor; and]
2336          [(b) under Subsection (1)(c) is a class C misdemeanor.]
2337          [(3) For purposes of this section, "public servant" does not include jurors.]
2338          (3) A violation of Subsection (2) is a class B misdemeanor.
2339          Section 36. Section 76-8-301.2 is enacted to read:
2340          76-8-301.2. Denial of public servant's use of public property.
2341          (1) (a) As used in this section, "public servant" does not include a juror.
2342          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2343          (2) An actor commits denial of public servant's use of public property if the actor, on
2344     property that is owned, operated, or controlled by the state or a political subdivision of the
2345     state, willfully denies to a public servant lawful:
2346          (a) freedom of movement;
2347          (b) use of the property or facility; or
2348          (c) entry into or exit from the facility.
2349          (3) A violation of Subsection (2) is a class C misdemeanor.
2350          Section 37. Section 76-8-301.5 is amended to read:

2351          76-8-301.5. Failure to disclose identity.
2352          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2353          (2) [A person is guilty of] An actor commits failure to disclose identity if, during the
2354     period of time that the [person] actor is lawfully subjected to a stop as described in Section
2355     77-7-15:
2356          (a) a peace officer demands that the [person] actor disclose the [person's] actor's name
2357     or date of birth;
2358          (b) the demand described in Subsection [(1)(a)] (2)(a) is reasonably related to the
2359     circumstances justifying the stop;
2360          (c) the disclosure of the [person's] actor's name or date of birth by the [person] actor
2361     does not present a reasonable danger of self-incrimination in the commission of a crime; and
2362          (d) the [person] actor fails to disclose the [person's] actor's name or date of birth.
2363          [(2)] (3) [Failure to disclose identity] A violation of Subsection (2) is a class B
2364     misdemeanor.
2365          Section 38. Section 76-8-302 is amended to read:
2366          76-8-302. Picketing or parading in or near court.
2367          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2368          (2) [A person is guilty of a class B misdemeanor if he] An actor commits picketing or
2369     parading in or near a court if the actor pickets or parades in or near a building [which] that
2370     houses a court of this state with intent to:
2371          (a) obstruct access to that court; or [to]
2372          (b) affect the outcome of a case pending before that court.
2373          (3) A violation of Subsection (2) is a class B misdemeanor.
2374          Section 39. Section 76-8-303 is amended to read:
2375          76-8-303. Prevention of Legislature or public servant from meeting or
2376     organizing.
2377          [A person is guilty of a felony of the third degree if he intentionally and by force or
2378     fraud:]
2379          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2380          (2) An actor commits prevention of Legislature or public servant from meeting or
2381     organizing if the actor intentionally and by force or fraud:

2382          (a) [Prevents] prevents the Legislature, [or] either of the houses composing [it] the
2383     Legislature, or any of the members [thereof] of the Legislature, from meeting or organizing; or
2384          [(2)] (b) [Prevents] prevents any other public servant from meeting or organizing to
2385     perform a lawful governmental function.
2386          (3) A violation of Subsection (2) is a third degree felony.
2387          Section 40. Section 76-8-305 is amended to read:
2388          76-8-305. Interference with a peace officer.
2389          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2390          (2) [A person is guilty of a class B misdemeanor if the person] actor commits
2391     interference with a peace officer if the actor:
2392          (a) knows, or by the exercise of reasonable care should have known, that a peace
2393     officer is seeking to effect a lawful arrest or detention of [that person] the actor or another
2394     [person] individual; and
2395          (b) interferes with the arrest or detention by:
2396          [(a)] (i) use of force or [any] a weapon;
2397          [(b)] (ii) refusing to perform [any] an act required by lawful order:
2398          [(i)] (A) necessary to effect the arrest or detention; and
2399          [(ii)] (B) made by a peace officer involved in the arrest or detention; or
2400          [(c)] (iii) refusing to refrain from performing [any] an act that would impede the arrest
2401     or detention.
2402          [(2)] (3) A violation of Subsection (2) is a class B misdemeanor.
2403          (4) Recording the actions of a [law enforcement] peace officer with a camera, mobile
2404     phone, or other photographic device, while the peace officer is performing official duties in
2405     plain view, does not by itself constitute:
2406          (a) interference with the peace officer;
2407          (b) willful resistance;
2408          (c) disorderly conduct; or
2409          (d) obstruction of justice.
2410          Section 41. Section 76-8-305.5 is amended to read:
2411          76-8-305.5. Failure to stop at the command of a peace officer.
2412          [A person is guilty of a class A misdemeanor who flees from or otherwise attempts to

2413     elude a peace officer:]
2414          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2415          (2) An actor commits failure to stop at the command of a peace officer if, after the
2416     peace officer has issued a verbal or visual command to stop[;], the actor flees from or
2417     otherwise attempts to elude a peace officer:
2418          [(2)] (a) for the purpose of avoiding arrest; and
2419          [(3)] (b) by any means other than a violation of Section 41-6a-210 regarding failure to
2420     stop a vehicle at the command of a law enforcement officer.
2421          (3) A violation of Subsection (2) is a class A misdemeanor.
2422          Section 42. Section 76-8-306 is amended to read:
2423          76-8-306. Obstruction of justice in a criminal investigation or proceeding.
2424          (1) (a) As used in this section:
2425          (i) (A) "Conduct that constitutes a criminal offense" means conduct that would be
2426     punishable as a crime and is separate from a violation of this section.
2427          (B) "Conduct that constitutes a criminal offense" includes:
2428          (I) any violation of a criminal statute or ordinance of this state or a political subdivision
2429     of this state, any other state, or any district, possession, or territory of the United States; and
2430          (II) conduct committed by a juvenile that would be a crime if committed by an adult.
2431          (ii) "Juvenile offender" means the same as that term is defined in Section 80-1-102.
2432          (iii) "Official custody" means the same as that term is defined in Section 76-8-309.
2433          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2434          (2) [An] Except as provided in Subsection (5), an actor commits obstruction of justice
2435     in a criminal investigation or proceeding if the actor, with intent to hinder, delay, or prevent the
2436     investigation, apprehension, prosecution, conviction, or punishment of any person regarding
2437     conduct that constitutes a criminal offense:
2438          (a) provides any person with a weapon;
2439          (b) prevents by force, intimidation, or deception, [any] a person from performing [any]
2440     an act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of
2441     any person;
2442          (c) alters, destroys, conceals, or removes [any] an item or other thing;
2443          (d) makes, presents, or uses [any] an item or thing known by the actor to be false;

2444          (e) harbors or conceals a person;
2445          (f) provides a person with transportation, disguise, or other means of avoiding
2446     discovery or apprehension;
2447          (g) warns [any] a person of impending discovery or apprehension;
2448          (h) warns [any] a person of an order authorizing the interception of wire
2449     communications or of a pending application for an order authorizing the interception of wire
2450     communications;
2451          (i) conceals information that is not privileged and that concerns the offense, after a
2452     judge or magistrate has ordered the actor to provide the information; or
2453          (j) provides false information regarding a suspect, a witness, the conduct constituting
2454     an offense, or any other material aspect of the investigation.
2455          [(2) (a) As used in this section, "conduct that constitutes a criminal offense" means
2456     conduct that would be punishable as a crime and is separate from a violation of this section,
2457     and includes:]
2458          [(i) any violation of a criminal statute or ordinance of this state, its political
2459     subdivisions, any other state, or any district, possession, or territory of the United States; and]
2460          [(ii) conduct committed by a juvenile which would be a crime if committed by an
2461     adult.]
2462          [(b) A violation of a criminal statute that is committed in another state, or any district,
2463     possession, or territory of the United States, is a:]
2464          [(i) capital felony if the penalty provided includes death or life imprisonment without
2465     parole;]
2466          [(ii) a first degree felony if the penalty provided includes life imprisonment with parole
2467     or a maximum term of imprisonment exceeding 15 years;]
2468          [(iii) a second degree felony if the penalty provided exceeds five years;]
2469          [(iv) a third degree felony if the penalty provided includes imprisonment for any period
2470     exceeding one year; and]
2471          [(v) a misdemeanor if the penalty provided includes imprisonment for any period of
2472     one year or less.]
2473          (3) [Obstruction of justice] A violation of Subsection (2) is:
2474          (a) a second degree felony if the conduct [which] that constitutes an offense would be a

2475     capital felony or first degree felony;
2476          (b) a third degree felony if:
2477          (i) the conduct that constitutes an offense would be a second or third degree felony and
2478     the actor violates Subsection [(1)(b)] (2)(b), (c), (d), (e), or (f);
2479          (ii) the conduct that constitutes an offense would be any offense other than a capital or
2480     first degree felony and the actor violates Subsection [(1)(a)] (2)(a);
2481          (iii) the obstruction of justice is presented or committed before a court of law; or
2482          (iv) a violation of Subsection [(1)(h)] (2)(h); or
2483          (c) a class A misdemeanor for any violation of this section that is not enumerated under
2484     Subsection (3)(a) or (b).
2485          (4) It is not a defense that the actor was unaware of the level of penalty for the conduct
2486     constituting an offense.
2487          [(5) Subsection (1)(e) does not apply to harboring a juvenile offender, as defined in
2488     Section 80-1-102, which is governed by Section 76-8-311.5.]
2489          [(6)] (5) (a) Subsection (2) does not apply to harboring or concealing an offender who
2490     has escaped from official custody, which is governed by Section 76-8-309.2.
2491          (b) Subsection [(1)(b)] (2)(b) does not apply to:
2492          [(a) tampering with a juror, which is governed by Section 76-8-508.5;]
2493          [(b)] (i) [influencing, impeding, or retaliating against a judge or member of the Board
2494     of Pardons and Parole, which is governed by] threat with intent to impede, intimidate, interfere,
2495     or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a
2496     family member of a judge or a member of the Board of Pardons and Parole under Section
2497     76-8-316;
2498          (ii) assault with intent to impede, intimidate, interfere, or retaliate against a judge or a
2499     member of the Board of Pardons and Parole or acting against a family member of a judge or a
2500     member of the Board of Pardons and Parole under Section 76-8-316.2;
2501          (iii) aggravated assault with intent to impede, intimidate, interfere, or retaliate against a
2502     judge or a member of the Board of Pardons and Parole or acting against a family member of a
2503     judge or a member of the Board of Pardons and Parole under Section 76-8-316.4;
2504          (iv) attempted murder with intent to impede, intimidate, interfere, or retaliate against a
2505     judge or a member of the Board of Pardons and Parole or acting against a family member of a

2506     judge or a member of the Board of Pardons and Parole under Section 76-8-316.6;
2507          [(c)] (v) tampering with a witness [or soliciting or receiving a bribe, which is governed
2508     by] under Section 76-8-508;
2509          [(d)] (vi) retaliation against a witness, victim, or informant[, which is governed by]
2510     under Section 76-8-508.3; [or]
2511          (vii) tampering or retaliating against a juror under Section 76-8-508.5;
2512          (viii) receiving or soliciting a bribe as a witness under Section 76-8-508.7; or
2513          [(e)] (ix) extortion or bribery to dismiss a criminal proceeding[, which is governed by]
2514     under Section 76-8-509.
2515          (c) Subsection (2)(e) does not apply to harboring a juvenile offender, which is
2516     governed by Section 76-8-319.
2517          [(7) Notwithstanding Subsection (1), (2), or (3), an actor commits a third degree felony
2518     if the actor harbors or conceals an offender who has escaped from official custody as defined in
2519     Section 76-8-309.]
2520          (6) For purposes of Subsection (3), a violation of a criminal statute that is committed in
2521     another state, or any district, possession, or territory of the United States, is:
2522          (a) a capital felony if the penalty provided includes death or life imprisonment without
2523     parole;
2524          (b) a first degree felony if the penalty provided includes life imprisonment with parole
2525     or a maximum term of imprisonment exceeding 15 years;
2526          (c) a second degree felony if the penalty provided exceeds five years;
2527          (d) a third degree felony if the penalty provided includes imprisonment for any period
2528     exceeding one year; or
2529          (e) a misdemeanor if the penalty provided includes imprisonment for any period of one
2530     year or less.
2531          Section 43. Section 76-8-306.5 is amended to read:
2532          76-8-306.5. Obstructing service of a Board of Pardons and Parole warrant or a
2533     probationer order to show cause.
2534          [A person is guilty of a third degree felony who:]
2535          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2536          (2) An actor commits obstructing service of a Board of Pardons and Parole warrant or a

2537     probationer order to show cause if the actor:
2538          (a) knows that:
2539          (i) the Board of Pardons and Parole has issued a warrant for a parolee; or [that]
2540          (ii) a court has issued an order to show cause regarding a defendant's violation of the
2541     terms of probation; and
2542          [(2)] (b) [(a)] (i) harbors or conceals the parolee or probationer;
2543          [(b)] (ii) provides the parolee or probationer with transportation, disguise, or other
2544     means or assistance to avoid discovery; or
2545          [(c)] (iii) warns the parolee or probationer of [his] the parolee's or probationer's
2546     impending discovery.
2547          (3) A violation of Subsection (2) is a third degree felony.
2548          Section 44. Section 76-8-307 is amended to read:
2549          76-8-307. Failure to aid a peace officer.
2550          [A person is guilty of a class B misdemeanor]
2551          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2552          (2) An actor commits failure to aid a peace officer if, upon command by a peace officer
2553     identifiable or identified by [him] the peace officer as such, [he] the actor unreasonably fails or
2554     refuses to aid the peace officer in effecting an arrest or in preventing the commission of any
2555     offense by another person.
2556          (3) A violation of Subsection (2) is a class B misdemeanor.
2557          Section 45. Section 76-8-308 is amended to read:
2558          76-8-308. Acceptance of bribe or bribery to prevent criminal prosecution.
2559          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2560          (2) [A person is guilty of a class A misdemeanor if he] An actor commits acceptance of
2561     bribe or bribery to prevent criminal prosecution if the actor:
2562          (a) solicits, accepts, or agrees to accept any benefit as consideration for [his] the actor's
2563     refraining from initiating or aiding in a criminal prosecution; or
2564          (b) confers, offers, or agrees to confer any benefit upon [another] a person as
2565     consideration for the person refraining from initiating or aiding in a criminal prosecution.
2566          (3) A violation of Subsection (2) is a class A misdemeanor.
2567          [(2)] (4) It is an affirmative defense that the value of the benefit did not exceed an

2568     amount [which] that the actor believed to be due as restitution or indemnification for the loss
2569     caused or to be caused by the offense.
2570          Section 46. Section 76-8-309 is amended to read:
2571          76-8-309. Escape.
2572          (1) (a) As used in this section:
2573          (i) "Confinement" means a prisoner is:
2574          (A) housed in a state prison or another facility pursuant to a contract with the Utah
2575     Department of Corrections after being sentenced and committed and the sentence has not been
2576     terminated or voided or the prisoner is not on parole;
2577          (B) lawfully detained in a county jail prior to trial or sentencing or housed in a county
2578     jail after sentencing and commitment and the sentence has not been terminated or voided or the
2579     prisoner is not on parole; or
2580          (C) lawfully detained following arrest.
2581          (ii) "Confinement in a state prison" means that an individual:
2582          (A) is in prehearing custody after arrest for parole violation;
2583          (B) is being housed in a county jail, after felony commitment, pursuant to a contract
2584     with the Department of Corrections; or
2585          (C) is being transported as a prisoner in the state prison by a correctional officer.
2586          (iii) "Escape" is considered to be a continuing activity commencing with the
2587     conception of the design to escape and continuing until the escaping prisoner is returned to
2588     official custody or the prisoner's attempt to escape is thwarted or abandoned.
2589          (iv) "Lawful authorization" does not include authorization to leave official custody that
2590     is obtained by a prisoner by means of deceit, fraud, or other artifice.
2591          (v) "Official custody" means:
2592          (A) arrest, whether with or without a warrant;
2593          (B) confinement in a state prison, jail, or institution for secure confinement of juvenile
2594     offenders;
2595          (C) released from a prison or jail for work release or home visit subject to a designated
2596     time for return; or
2597          (D) any confinement pursuant to an order of a court or sentenced and committed and
2598     the sentence has not been terminated or voided or the prisoner is not on parole.

2599          (vi) "Prisoner" means any person who is in official custody and includes persons under
2600     trusty status.
2601          (vii) "Volunteer" means a person who donates service without pay or other
2602     compensation except expenses actually and reasonably incurred as approved by the supervising
2603     agency.
2604          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2605          [(a)] (2) [(i) A prisoner is guilty of escape if the prisoner] An actor commits escape if
2606     the actor:
2607          (a) (i) is a prisoner; and
2608          (ii) leaves official custody without lawful authorization[.]; or
2609          (b) (i) is convicted as a party to an offense under this section, as defined in Section
2610     76-2-202; and
2611          (ii) is an employee at or a volunteer of:
2612          (A) a law enforcement agency, the Department of Corrections, a county or district
2613     attorney's office, the Office of the Attorney General, the Board of Pardons and Parole; or
2614          (B) a court, the Judicial Council, the Administrative Office of the Courts, or a similar
2615     administrative unit in the judicial branch of government.
2616          [(ii) If a prisoner obtains authorization to leave official custody by means of deceit,
2617     fraud, or other artifice, the prisoner has not received lawful authorization.]
2618          [(b)] (3) (a) [Escape under this Subsection (1) is a] Except as provided by Subsection
2619     (3)(b) or Section 76-8-309.1, a violation of Subsection (2) is a third degree felony [except as
2620     provided under Subsection (1)(c)].
2621          [(c)] (b) [Escape under this Subsection (1)] Except as provided by Section 76-8-309.1,
2622     a violation of Subsection (2) is a second degree felony if:
2623          (i) the actor escapes [from] confinement in a state prison; [or]
2624          (ii) the actor violates Subsection (2)(b); or
2625          (iii) the prisoner left official custody by failing to return from work release or home
2626     visit by the time designated for return.
2627          [(ii) (A) the actor is convicted as a party to the offense, as defined in Section 76-2-202;
2628     and]
2629          [(B) the actor is an employee at or a volunteer of a law enforcement agency, the

2630     Department of Corrections, a county or district attorney's office, the office of the state attorney
2631     general, the Board of Pardons and Parole, or the courts, the Judicial Council, the
2632     Administrative Office of the Courts, or similar administrative units in the judicial branch of
2633     government.]
2634          [(2) (a) A prisoner is guilty of aggravated escape if in the commission of an escape the
2635     prisoner uses a dangerous weapon, as defined in Section 76-1-101.5, or causes serious bodily
2636     injury to another.]
2637          [(b) Aggravated escape is a first degree felony.]
2638          [(3)] (4) [Any prison term imposed upon a prisoner for escape under this section shall
2639     run consecutively with] A court sentencing an actor for a violation of this section shall impose
2640     a consecutive sentence to any other sentence the actor is either serving or ordered to serve.
2641          [(4) For the purposes of this section:]
2642          [(a) "Confinement" means the prisoner is:]
2643          [(i) housed in a state prison or any other facility pursuant to a contract with the Utah
2644     Department of Corrections after being sentenced and committed and the sentence has not been
2645     terminated or voided or the prisoner is not on parole;]
2646          [(ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county
2647     jail after sentencing and commitment and the sentence has not been terminated or voided or the
2648     prisoner is not on parole; or]
2649          [(iii) lawfully detained following arrest.]
2650          [(b) "Escape" is considered to be a continuing activity commencing with the
2651     conception of the design to escape and continuing until the escaping prisoner is returned to
2652     official custody or the prisoner's attempt to escape is thwarted or abandoned.]
2653          [(c) "Official custody" means arrest, whether with or without warrant, or confinement
2654     in a state prison, jail, institution for secure confinement of juvenile offenders, or any
2655     confinement pursuant to an order of the court or sentenced and committed and the sentence has
2656     not been terminated or voided or the prisoner is not on parole. A person is considered confined
2657     in the state prison if the person:]
2658          [(i) without authority fails to return to the person's place of confinement from work
2659     release or home visit by the time designated for return;]
2660          [(ii) is in prehearing custody after arrest for parole violation;]

2661          [(iii) is being housed in a county jail, after felony commitment, pursuant to a contract
2662     with the Department of Corrections; or]
2663          [(iv) is being transported as a prisoner in the state prison by correctional officers.]
2664          [(d) "Prisoner" means any person who is in official custody and includes persons under
2665     trusty status.]
2666          [(e) "Volunteer" means any person who donates service without pay or other
2667     compensation except expenses actually and reasonably incurred as approved by the supervising
2668     agency.]
2669          Section 47. Section 76-8-309.1 is enacted to read:
2670          76-8-309.1. Aggravated escape.
2671          (1) (a) As used in this section, "escape" means an offense under Section 76-8-309.
2672          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2673          (2) An actor commits aggravated escape if, during the course of the commission of an
2674     escape, the actor:
2675          (a) uses a dangerous weapon; or
2676          (b) causes serious bodily injury to another.
2677          (3) A violation of Subsection (2) is a first degree felony.
2678          (4) A court sentencing an actor for a violation of this section shall impose a
2679     consecutive sentence to any other sentence the actor is either serving or ordered to serve.
2680          Section 48. Section 76-8-309.2 is enacted to read:
2681          76-8-309.2. Harboring or concealing an offender who has escaped from official
2682     custody.
2683          (1) (a) As used in this section, "official custody" means the same as that term is defined
2684     in Section 76-8-309.
2685          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2686          (2) An actor commits harboring or concealing an offender who has escaped from
2687     official custody if the actor harbors or conceals an offender who has escaped from official
2688     custody.
2689          (3) A violation of Subsection (2) is a third degree felony.
2690          Section 49. Section 76-8-311.1 is amended to read:
2691          76-8-311.1. Establishment of secure areas -- Items prohibited -- References to

2692     penalty provisions.
2693          (1) [In addition to the definitions in Section 76-10-501, as]
2694          (a) As used in this section:
2695          [(a)] (i) "Correctional facility" [has the same meaning as] means the same as that term
2696     is defined in Section 76-8-311.3.
2697          (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2698          [(b)] (iii) "Explosive" [has the same meaning as defined for] means the same as the
2699     term "explosive, chemical, or incendiary device" defined in Section 76-10-306.
2700          (iv) "Firearm" means the same as that term is defined in Section 76-10-501.
2701          [(c)] (v) "Law enforcement facility" means a facility [which] that is owned, leased, or
2702     operated by a law enforcement agency.
2703          [(d)] (vi) "Mental health facility" [has the same meaning as] means the same as that
2704     term is defined in Section 26B-5-301.
2705          [(e)] (vii) [(i)] (A) "Secure area" means [any] an area created under this section into
2706     which certain persons are restricted from transporting [any] a firearm or other dangerous
2707     weapon, ammunition, [dangerous weapon,] or explosive.
2708          [(ii)] (B) A "secure area" may not include any area normally accessible to the public.
2709          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2710          (2) (a) [A person in charge of the] The State Tax Commission or a correctional, law
2711     enforcement, or mental health facility may establish secure areas within the facility and may
2712     prohibit or control by rule any firearm or other dangerous weapon, ammunition, [dangerous
2713     weapon,] or explosive.
2714          (b) Subsections (2)(a), (3), (4), [(5), and (6)] and (5) apply to a higher education secure
2715     area hearing [rooms] room referred to in Subsections 53B-3-103(2)(a)(ii) and (b).
2716          (3) [At] An entity that creates a secure area under this section shall ensure that at least
2717     one notice [shall be] is prominently displayed at each entrance to [an] the secure area in which
2718     a firearm, ammunition, dangerous weapon, or explosive is restricted.
2719          (4) (a) [Provisions shall be made to] An entity that creates a secure area under this
2720     section shall provide a secure weapons storage area so that [persons] an individual entering the
2721     secure area may store [their weapons prior to] the individual's weapon before entering the
2722     secure area.

2723          (b) The entity operating the facility shall be responsible for [weapons] a weapon while
2724     [they are] the weapon is stored in the storage area described in Subsection (4)(a).
2725          [(5) It is a defense to any prosecution under this section that the accused, in committing
2726     the act made criminal by this section, acted in conformity with the facility's rule or policy
2727     established pursuant to this section.]
2728          [(6)] (5) (a) [Any person who knowingly or intentionally transports into a secure area
2729     of a facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony]
2730     An actor who transports a firearm or other dangerous weapon or ammunition into a secure area
2731     created under this section or a higher education secure area hearing room created under this
2732     section may be punished under Section 76-8-311.2.
2733          (b) [Any person violates Section 76-10-306] An actor who knowingly or intentionally
2734     transports, possesses, distributes, or sells [any] an explosive in a secure area [of a facility] or a
2735     higher education secure area hearing room created under this section may be punished under
2736     Section 76-10-306.
2737          (c) It is a defense to a prosecution related to this section that the actor acted in
2738     conformity with the facility's rule or policy established pursuant to this section.
2739          Section 50. Section 76-8-311.2 is enacted to read:
2740          76-8-311.2. Prohibited dangerous weapon or ammunition in a secure area.
2741          (1) (a) As used in this section:
2742          (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2743          (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2744          (iii) "Firearm" means the same as that term is defined in Section 76-10-501.
2745          (iv) "Higher education secure area" means a higher education secure area hearing room
2746     created under Section 76-8-311.1.
2747          (v) "Law enforcement facility" means the same as that term is defined in Section
2748     76-8-311.1.
2749          (vi) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2750          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2751          (2) An actor commits prohibited dangerous weapon or ammunition in a secure area if
2752     the actor knowingly or intentionally transports a firearm or other dangerous weapon or
2753     ammunition into:

2754          (a) a correctional facility;
2755          (b) a secure area created by the State Tax Commission;
2756          (c) a secure area in a law enforcement facility or a mental health facility; or
2757          (d) a higher education secure area.
2758          (3) Except as provided in Section 76-8-311.4, 76-8-311.6, or 76-8-311.7, a violation of
2759     Subsection (2) is a third degree felony.
2760          (4) It is a defense to a prosecution under this section that the actor acted in conformity
2761     with the facility's rule or policy established under Section 76-8-311.1.
2762          Section 51. Section 76-8-311.3 is amended to read:
2763          76-8-311.3. Establishment of prohibited item policy in a correctional or mental
2764     health facility -- Reference to penalty provisions -- Exceptions -- Rulemaking.
2765          (1) (a) As used in this section:
2766          [(a) "Contraband" means any item not specifically prohibited for possession by
2767     offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.]
2768          [(b)] (i) "Controlled substance" means [any] a substance defined as a controlled
2769     substance under Title 58, Chapter 37, Utah Controlled Substances Act.
2770          [(c)] (ii) "Correctional facility" means:
2771          [(i)] (A) [any] a facility operated by or contracting with the Department of Corrections
2772     to house [offenders] an offender in either a secure or nonsecure setting;
2773          [(ii)] (B) [any] a facility operated by a municipality or a county to house or detain
2774     [criminal offenders] a criminal offender;
2775          [(iii)] (C) [any] a juvenile detention facility; [and] or
2776          [(iv)] (D) [any] a building or grounds appurtenant to [the] a facility or [lands] land
2777     granted to the state, municipality, or county for use as a correctional facility.
2778          [(d)] (iii) "Dangerous weapon" means the same as that term is defined in Section
2779     76-10-501.
2780          (iv) "Electronic cigarette product" means the same as that term is defined in Section
2781     76-10-101.
2782          (v) "Firearm" means the same as that term is defined in Section 76-10-501.
2783          [(e)] (vi) "Medicine" means [any] a prescription drug as defined in Title 58, Chapter
2784     17b, Pharmacy Practice Act, but does not include [any] a controlled [substances] substance as

2785     defined in Title 58, Chapter 37, Utah Controlled Substances Act.
2786          [(f)] (vii) "Mental health facility" means the same as that term is defined in Section
2787     26B-5-301.
2788          [(g)] (viii) "Nicotine product" means the same as that term is defined in Section
2789     76-10-101.
2790          [(h)] (ix) "Offender" means [a person] an individual in custody at a correctional
2791     facility.
2792          [(i)] (x) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2793          [(j)] (xi) "Tobacco product" means the same as that term is defined in Section
2794     76-10-101.
2795          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2796          (2) Notwithstanding Section 76-10-500, a correctional facility or a mental health
2797     facility may provide by rule that no firearm, ammunition, dangerous weapon, implement of
2798     escape, explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in
2799     any quantity may be:
2800          (a) transported to or [upon] within a correctional facility or a mental health facility;
2801          (b) sold or given away at [any] a correctional facility or a mental health facility;
2802          (c) given to or used by [any] an offender at a correctional facility or a mental health
2803     facility; or
2804          (d) knowingly or intentionally possessed at a correctional facility or a mental health
2805     facility.
2806          (3) It is a defense to [any] a prosecution [under] related to this section [if the accused
2807     in] that the actor, in committing the act made criminal by this section with respect to:
2808          (a) a correctional facility operated by the Department of Corrections, acted in
2809     conformity with departmental rule or policy;
2810          (b) a correctional facility operated by a municipality, acted in conformity with the
2811     policy of the municipality;
2812          (c) a correctional facility operated by a county, acted in conformity with the policy of
2813     the county; or
2814          (d) a mental health facility, acted in conformity with the policy of the mental health
2815     facility.

2816          [(4) (a) An individual who transports to or upon a correctional facility, or into a secure
2817     area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of
2818     escape with intent to provide or sell it to any offender, is guilty of a second degree felony.]
2819          [(b) An individual who provides or sells to any offender at a correctional facility, or
2820     any detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous
2821     weapon, or implement of escape is guilty of a second degree felony.]
2822          [(c) An offender who possesses at a correctional facility, or a detainee who possesses at
2823     a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
2824     implement of escape is guilty of a second degree felony.]
2825          [(d) An individual who, without the permission of the authority operating the
2826     correctional facility or the secure area of a mental health facility, knowingly possesses at a
2827     correctional facility or a secure area of a mental health facility any firearm, ammunition,
2828     dangerous weapon, or implement of escape is guilty of a third degree felony.]
2829          [(e) An individual violates Section 76-10-306 who knowingly or intentionally
2830     transports, possesses, distributes, or sells any explosive in a correctional facility or mental
2831     health facility.]
2832          [(5) (a) An individual is guilty of a third degree felony who, without the permission of
2833     the authority operating the correctional facility or secure area of a mental health facility,
2834     knowingly transports to or upon a correctional facility or into a secure area of a mental health
2835     facility any:]
2836          [(i) spirituous or fermented liquor;]
2837          [(ii) medicine, whether or not lawfully prescribed for the offender; or]
2838          [(iii) poison in any quantity.]
2839          [(b) An individual is guilty of a third degree felony who knowingly violates
2840     correctional or mental health facility policy or rule by providing or selling to any offender at a
2841     correctional facility or detainee within a secure area of a mental health facility any:]
2842          [(i) spirituous or fermented liquor;]
2843          [(ii) medicine, whether or not lawfully prescribed for the offender; or]
2844          [(iii) poison in any quantity.]
2845          [(c) An inmate is guilty of a third degree felony who, in violation of correctional or
2846     mental health facility policy or rule, possesses at a correctional facility or in a secure area of a

2847     mental health facility any:]
2848          [(i) spirituous or fermented liquor;]
2849          [(ii) medicine, other than medicine provided by the facility's health care providers in
2850     compliance with facility policy; or]
2851          [(iii) poison in any quantity.]
2852          [(d) An individual is guilty of a class A misdemeanor who, with the intent to directly or
2853     indirectly provide or sell any tobacco product, electronic cigarette product, or nicotine product
2854     to an offender, directly or indirectly:]
2855          [(i) transports, delivers, or distributes any tobacco product, electronic cigarette product,
2856     or nicotine product to an offender or on the grounds of any correctional facility;]
2857          [(ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
2858     person to transport any tobacco product, electronic cigarette product, or nicotine product to an
2859     offender or on any correctional facility, if the person is acting with the mental state required for
2860     the commission of an offense; or]
2861          [(iii) facilitates, arranges, or causes the transport of any tobacco product, electronic
2862     cigarette product, or nicotine product in violation of this section to an offender or on the
2863     grounds of any correctional facility.]
2864          [(e) An individual is guilty of a class A misdemeanor who, without the permission of
2865     the authority operating the correctional or mental health facility, fails to declare or knowingly
2866     possesses at a correctional facility or in a secure area of a mental health facility any:]
2867          [(i) spirituous or fermented liquor;]
2868          [(ii) medicine; or]
2869          [(iii) poison in any quantity.]
2870          [(f) (i) Except as provided in Subsection (5)(f)(ii), an individual is guilty of a class B
2871     misdemeanor who, without the permission of the authority operating the correctional facility,
2872     knowingly engages in any activity that would facilitate the possession of any contraband by an
2873     offender in a correctional facility.]
2874          [(ii) The provisions of Subsection (5)(d) regarding any tobacco product, electronic
2875     cigarette product, or nicotine product take precedence over this Subsection (5)(f).]
2876          [(g)] (4) (a) Except as provided by Subsection (4)(b) or (4)(c), an actor may be charged
2877     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

2878     a violation of a policy or rule created under this section.
2879          (b) An actor who knowingly or intentionally transports, possesses, distributes, or sells
2880     an explosive in a correctional facility or a mental health facility may be punished under Section
2881     76-10-306.
2882          (c) The possession, distribution, or use of a controlled substance at a correctional
2883     facility or in a secure area of a mental health facility shall be charged under Title 58, Chapter
2884     37, Utah Controlled Substances Act.
2885          (5) Exemptions may be granted for worship for Native American inmates pursuant to
2886     Section 64-13-40.
2887          [(6) The possession, distribution, or use of a controlled substance at a correctional
2888     facility or in a secure area of a mental health facility shall be prosecuted in accordance with
2889     Title 58, Chapter 37, Utah Controlled Substances Act.]
2890          [(7)] (6) The [department] Department of Corrections shall make rules under Title
2891     63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines for providing
2892     written notice to visitors that providing any tobacco product, electronic cigarette product, or
2893     nicotine product to offenders is a class A misdemeanor.
2894          Section 52. Section 76-8-311.4 is enacted to read:
2895          76-8-311.4. Prohibited item in correctional or mental health facility for use by
2896     offender or detainee.
2897          (1) (a) As used in this section:
2898          (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2899          (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2900          (iii) "Mental health facility" means the same as that term is defined in Section
2901     76-8-311.3.
2902          (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2903          (v) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2904          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2905          (2) An actor commits prohibited item in correctional or mental health facility for use
2906     by offender or detainee if the actor:
2907          (a) transports a dangerous weapon, ammunition, or implement of escape to or within a
2908     correctional facility, or into a secure area of a mental health facility, with the intent to provide

2909     or sell to an offender or detainee the dangerous weapon, ammunition, or implement of escape;
2910     or
2911          (b) provides or sells a dangerous weapon, ammunition, or implement of escape to:
2912          (i) an offender at a correctional facility; or
2913          (ii) a detainee at a secure area of a mental health facility.
2914          (3) Except as provided in Subsection (4), a violation of Subsection (2) is a second
2915     degree felony.
2916          (4) The defenses provided in Section 76-8-311.3 apply to this section.
2917          Section 53. Section 76-8-311.6 is enacted to read:
2918          76-8-311.6. Possession of prohibited item by offender or detainee in correctional
2919     or mental health facility.
2920          (1) (a) As used in this section:
2921          (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2922          (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2923          (iii) "Mental health facility" means the same as that term is defined in Section
2924     76-8-311.3.
2925          (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2926          (v) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2927          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2928          (2) An actor commits possession of prohibited item by offender or detainee in
2929     correctional or mental health facility if the actor:
2930          (a) (i) is an offender at a correctional facility; or
2931          (ii) is a detainee at a mental health facility; and
2932          (b) possesses a dangerous weapon, ammunition, or an implement of escape.
2933          (3) Except as provided in Subsection (4), a violation of Subsection (2) is a second
2934     degree felony.
2935          (4) The defenses provided in Section 76-8-311.3 apply to this section.
2936          Section 54. Section 76-8-311.7 is enacted to read:
2937          76-8-311.7. Possession of prohibited item in correctional facility or secure area of
2938     mental health facility.
2939          (1) (a) As used in this section:

2940          (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2941          (ii) "Dangerous weapon" means the same as that term is defined in Section 76-10-501.
2942          (iii) "Mental health facility" means the same as that term is defined in Section
2943     76-8-311.3.
2944          (iv) "Secure area" means the same as that term is defined in Section 76-8-311.1.
2945          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2946          (2) An actor commits possession of prohibited item in correctional facility or secure
2947     area of mental health facility if the actor, without the permission of the authority operating the
2948     correctional facility or the secure area of a mental health facility, knowingly possesses a
2949     dangerous weapon, ammunition, or implement of escape at a correctional facility or in a secure
2950     area of a mental health facility.
2951          (3) Except as provided in Section 76-8-311.6 or Subsection (4), a violation of
2952     Subsection (2) is a third degree felony.
2953          (4) The defenses provided in Section 76-8-311.3 apply to this section.
2954          Section 55. Section 76-8-311.8 is enacted to read:
2955          76-8-311.8. Prohibited substance in correctional or mental health facility.
2956          (1) (a) As used in this section:
2957          (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2958          (ii) "Medicine" means the same as that term is defined in Section 76-8-311.3.
2959          (iii) "Mental health facility" means the same as that term is defined in Section
2960     76-8-311.3.
2961          (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2962          (v) "Prohibited substance" means:
2963          (A) spirituous or fermented liquor;
2964          (B) medicine, whether or not lawfully prescribed for an offender or a detainee; or
2965          (C) poison in any quantity.
2966          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2967          (2) An actor commits prohibited substance in a correctional or mental health facility if
2968     the actor:
2969          (a) without the permission of the authority operating the correctional facility or secure
2970     area of a mental health facility:

2971          (i) knowingly transports a prohibited substance to or within a correctional facility or
2972     into a secure area of a mental health facility; or
2973          (ii) fails to declare or knowingly possesses a prohibited substance at a correctional
2974     facility or in a secure area of a mental health facility;
2975          (b) knowingly violates correctional or mental health facility policy or rule by providing
2976     or selling a prohibited substance to an offender at a correctional facility or a detainee within a
2977     secure area of a mental health facility; or
2978          (c) (i) is a detainee in a mental health facility or an offender; and
2979          (ii) in violation of correctional or mental health facility policy or rule, possesses at a
2980     correctional facility or in a secure area of a mental health facility a prohibited substance other
2981     than medicine provided by the facility's health care providers in compliance with facility
2982     policy.
2983          (3) (a) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b),
2984     or (2)(c) is a third degree felony.
2985          (b) Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class
2986     A misdemeanor.
2987          (4) The defenses provided in Section 76-8-311.3 apply to this section.
2988          Section 56. Section 76-8-311.9 is enacted to read:
2989          76-8-311.9. Prohibited tobacco, electronic cigarette, or nicotine product in a
2990     correctional facility.
2991          (1) (a) As used in this section:
2992          (i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
2993          (ii) "Electronic cigarette product" means the same as that term is defined in Section
2994     76-10-101.
2995          (iii) "Nicotine product" means the same as that term is defined in Section 76-10-101.
2996          (iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
2997          (v) "Tobacco product" means the same as that term is defined in Section 76-10-101.
2998          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2999          (2) An actor commits prohibited tobacco, electronic cigarette, or nicotine product in a
3000     correctional facility if the actor, with the intent to directly or indirectly provide or sell a tobacco
3001     product, electronic cigarette product, or nicotine product to an offender, directly or indirectly:

3002          (a) transports, delivers, or distributes a tobacco product, electronic cigarette product, or
3003     nicotine product to an offender or on the grounds of a correctional facility;
3004          (b) solicits, requests, commands, coerces, encourages, or intentionally aids another
3005     individual to transport a tobacco product, electronic cigarette product, or nicotine product to an
3006     offender or on the grounds of a correctional facility, if the other individual is acting with the
3007     mental state required for the commission of an offense; or
3008          (c) facilitates, arranges, or causes the transport of a tobacco product, electronic
3009     cigarette product, or nicotine product in violation of this section or Section 76-8-311.3 to an
3010     offender or on the grounds of a correctional facility.
3011          (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class A
3012     misdemeanor.
3013          (4) The defenses provided in Section 76-8-311.3 apply to this section.
3014          (5) In accordance with Section 76-10-311.3, the Department of Corrections shall make
3015     rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish guidelines
3016     for providing written notice to visitors that providing a tobacco product, electronic cigarette
3017     product, or nicotine product to an offender is a class A misdemeanor.
3018          Section 57. Section 76-8-311.10 is enacted to read:
3019          76-8-311.10. Possession of contraband in a correctional facility.
3020          (1) (a) As used in this section:
3021          (i) "Contraband" means an item not specifically prohibited for possession by an
3022     offender under this section or Section 76-8-311.3, 76-8-311.4, 76-8-311.6, 76-8-311.7,
3023     76-8-311.8, or 76-8-311.9.
3024          (ii) "Correctional facility" means the same as that term is defined in Section
3025     76-8-311.3.
3026          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3027          (2) An actor commits possession of contraband in a correctional facility if the actor,
3028     without the permission of the authority operating a correctional facility, knowingly engages in
3029     an activity that would facilitate the possession of contraband by an offender in the correctional
3030     facility.
3031          (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class B
3032     misdemeanor.

3033          (4) (a) The possession, distribution, or use of a controlled substance at a correctional
3034     facility shall be prosecuted in accordance with Title 58, Chapter 37, Utah Controlled
3035     Substances Act.
3036          (b) The provisions of Section 76-8-311.9 take precedence over this section.
3037          (c) The defenses provided in Section 76-8-311.3 apply to this section.
3038          Section 58. Section 76-8-312 is amended to read:
3039          76-8-312. Unlawful absence after pretrial release.
3040          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3041          (2) [A person is guilty of an offense when having] An actor commits unlawful absence
3042     after pretrial release if the actor:
3043          (a) has been [released on bail or on his own recognizance] granted pretrial release by
3044     court order or by other lawful authority upon condition that [he] the actor subsequently appear
3045     personally upon a charge of an offense[, he]; and
3046          (b) fails without just cause to appear at the time and place [which] that have been
3047     lawfully designated for [his] the actor's appearance.
3048          [(2) An offense under this section is a felony of the third degree when the offense
3049     charged is a felony, a class B misdemeanor when the offense charged is a misdemeanor, and an
3050     infraction when the offense charged is an infraction.]
3051          (3) A violation of Subsection (2) is:
3052          (a) a third degree felony if the offense for which the actor failed to appear is a felony;
3053          (b) a class B misdemeanor if the offense for which the actor failed to appear is a
3054     misdemeanor; or
3055          (c) an infraction if the offense for which the actor failed to appear is an infraction.
3056          Section 59. Section 76-8-313 is amended to read:
3057          76-8-313. Threatened or attempted assault on an elected official.
3058          (1) (a) As used in this section, "elected official" means:
3059          (i) an elected official of the state, county, or city;
3060          (ii) an immediate family member of an individual described in Subsection (1)(a)(i);
3061          (iii) a temporary judge appointed to fill a vacant judicial position;
3062          (iv) a judge not yet retained by a retention election;
3063          (v) a member of a school board; or

3064          (vi) an individual appointed to fill a vacant position of an individual described in
3065     Subsection (1)(a)(i).
3066          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3067          (2) [A person] An actor commits threatened or attempted assault on an elected official
3068     [when he] if the actor attempts or threatens, irrespective of a showing of immediate force or
3069     violence, to inflict bodily injury [to the] on an elected official with the intent to impede,
3070     intimidate, or interfere with the elected official in the performance of [his] the elected official's
3071     official duties or with the intent to retaliate against the elected official because of the
3072     performance of [his] the elected official's official duties.
3073          (3) (a) Except as provided by Subsection (3)(b), a violation of Subsection (2) is a class
3074     B misdemeanor.
3075          (b) A violation of Subsection (2) is a third degree felony if:
3076          (i) the actor attempts to inflict bodily injury; or
3077          (ii) the elected official receives bodily injury.
3078          Section 60. Section 76-8-316 is amended to read:
3079          76-8-316. Threat with intent to impede, intimidate, interfere, or retaliate against
3080     a judge or member of the Board of Pardons and Parole or acting against a family
3081     member of a judge or a member of the Board of Pardons and Parole.
3082          (1) (a) As used in this section:
3083          [(a)] (i) "Board member" means an appointed member of the Board of Pardons and
3084     Parole.
3085          [(b)] (ii) "Family member" means [parents,] a parent, spouse, surviving spouse,
3086     [children, and siblings] child, or sibling of a judge or board member.
3087          [(c)] (iii) "Judge" means [judges of all courts of record and courts not of record and
3088     court commissioners.]:
3089          (A) a judge of a court of record;
3090          (B) a judge of a court not of record; or
3091          (C) a court commissioner.
3092          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3093          (2) [A person is guilty of a third degree felony if the person] An actor commits threat
3094     with intent to impede, intimidate, interfere, or retaliate against a judge, board member, or

3095     family member if the actor threatens to assault, kidnap, or murder a judge, [a family member of
3096     a judge,] a board member, or a family member [of a board member] with the intent to impede,
3097     intimidate, or interfere with the judge or board member while engaged in the performance of
3098     the judge's or board member's official duties or with the intent to retaliate against the judge or
3099     board member on account of the performance of those official duties.
3100          (3) A violation of Subsection (2) is a third degree felony.
3101          [(3) A person is guilty of a second degree felony if the person commits an assault on a
3102     judge, a family member of a judge, a board member, or a family member of a board member
3103     with the intent to impede, intimidate, or interfere with the judge or board member while
3104     engaged in the performance of the judge's or board member's official duties, or with the intent
3105     to retaliate against the judge or board member on account of the performance of those official
3106     duties.]
3107          [(4) A person is guilty of a first degree felony if the person commits aggravated assault
3108     on a judge, a family member of a judge, a board member, or a family member of a board
3109     member with the intent to impede, intimidate, or interfere with the judge or board member
3110     while engaged in the performance of the judge's or board member's official duties or with the
3111     intent to retaliate against the judge or board member on account of the performance of those
3112     official duties.]
3113          [(5) A person is guilty of a first degree felony if the person commits attempted murder
3114     on a family member of a judge or a family member of a board member with the intent to
3115     impede, intimidate, or interfere with the judge or board member while engaged in the
3116     performance of the judge's or board member's official duties or with the intent to retaliate
3117     against the judge or board member on account of the performance of those official duties.]
3118          [(6) A member of the Board of Pardons and Parole is an executive officer for purposes
3119     of Subsection 76-5-202(2)(a)(xiii).]
3120          Section 61. Section 76-8-316.2 is enacted to read:
3121          76-8-316.2. Assault with intent to impede, intimidate, interfere, or retaliate
3122     against a judge or member of the Board of Pardons and Parole or acting against a family
3123     member of a judge or a member of the Board of Pardons and Parole.
3124          (1) (a) As used in this section:
3125          (i) "Board member" means the same as that term is defined in Section 76-8-316.

3126          (ii) "Family member" means the same as that term is defined in Section 76-8-316.
3127          (iii) "Judge" means the same as that term is defined in Section 76-8-316.
3128          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3129          (2) An actor commits assault with intent to impede, intimidate, interfere, or retaliate
3130     against a judge, board member, or family member if the actor commits an assault on a judge, a
3131     board member, or a family member with the intent to impede, intimidate, or interfere with the
3132     judge or board member while engaged in the performance of the judge's or board member's
3133     official duties, or with the intent to retaliate against the judge or board member on account of
3134     the performance of those official duties.
3135          (3) A violation of Subsection (2) is a second degree felony.
3136          Section 62. Section 76-8-316.4 is enacted to read:
3137          76-8-316.4. Aggravated assault with intent to impede, intimidate, interfere, or
3138     retaliate against a judge or member of the Board of Pardons and Parole or acting against
3139     a family member of a judge or a member of the Board of Pardons and Parole.
3140          (1) (a) As used in this section:
3141          (i) "Board member" means the same as that term is defined in Section 76-8-316.
3142          (ii) "Family member" means the same as that term is defined in Section 76-8-316.
3143          (iii) "Judge" means the same as that term is defined in Section 76-8-316.
3144          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3145          (2) An actor commits aggravated assault with intent to impede, intimidate, interfere, or
3146     retaliate against a judge, board member, or family member if the actor commits aggravated
3147     assault on a judge, a board member, or a family member with the intent to impede, intimidate,
3148     or interfere with the judge or board member while engaged in the performance of the judge's or
3149     board member's official duties, or with the intent to retaliate against the judge or board member
3150     on account of the performance of those official duties.
3151          (3) A violation of Subsection (2) is a first degree felony.
3152          Section 63. Section 76-8-316.6 is enacted to read:
3153          76-8-316.6. Attempted murder with intent to impede, intimidate, interfere, or
3154     retaliate against a judge or member of the Board of Pardons and Parole or acting against
3155     a family member of a judge or a member of the Board of Pardons and Parole.
3156          (1) (a) As used in this section:

3157          (i) "Board member" means the same as that term is defined in Section 76-8-316.
3158          (ii) "Family member" means the same as that term is defined in Section 76-8-316.
3159          (iii) "Judge" means the same as that term is defined in Section 76-8-316.
3160          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3161          (2) An actor commits attempted murder with intent to impede, intimidate, interfere, or
3162     retaliate against a judge, board member, or family member if the actor commits attempted
3163     murder on a judge, a board member, or a family member with the intent to impede, intimidate,
3164     or interfere with the judge or board member while engaged in the performance of the judge's or
3165     board member's official duties, or with the intent to retaliate against the judge or board member
3166     on account of the performance of those official duties.
3167          (3) A violation of Subsection (2) is a first degree felony.
3168          (4) A member of the Board of Pardons and Parole is an executive officer for purposes
3169     of Subsection 76-5-202(2)(a)(xiii).
3170          Section 64. Section 76-8-317 is amended to read:
3171          76-8-317. Refusal to comply with an order to evacuate or order issued in a local
3172     or state emergency.
3173          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3174          (2) [A person may not refuse to] An actor commits refusal to comply with an order to
3175     evacuate or order issued in a local or state emergency if the actor:
3176          (a) receives notice of:
3177          (i) an order to evacuate issued under [this chapter or refuse to comply with any other]
3178     Title 53, Chapter 2a, Emergency Management Act; or
3179          (ii) an order issued:
3180          (A) by the governor in a state of an emergency under Section 53-2a-204; or
3181          (B) by a chief executive officer in a local emergency under Section 53-2a-205[, if
3182     notice of the order has been given to that person.]; and
3183          (b) refuses to comply with the order described in Subsection (2)(a).
3184          [(2)] (3) [A person who violates this section is guilty of] A violation of Subsection (2)
3185     is a class B misdemeanor.
3186          Section 65. Section 76-8-318 is amended to read:
3187          76-8-318. Assault or threat of violence against child welfare worker.

3188          (1) (a) As used in this section:
3189          [(a)] (i) "Assault" means [the same as that term is defined in] an offense under Section
3190     76-5-102.
3191          [(b)] (ii) "Child welfare worker" means an employee of the Division of Child and
3192     Family Services created in Section 80-2-201.
3193          [(c)] (iii) "Threat of violence" means [the same as that term is defined in] an offense
3194     under Section 76-5-107.
3195          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3196          (2) [An individual who commits an assault or threat of violence against a child welfare
3197     worker is guilty of a class A misdemeanor] An actor commits assault or threat of violence
3198     against child welfare worker if:
3199          (a) the [individual] actor is not:
3200          (i) a prisoner or an individual detained under Section 77-7-15; or
3201          (ii) a minor in the custody of or receiving services from a division within the
3202     Department of Health and Human Services;
3203          (b) the [individual] actor knew that the victim was a child welfare worker; and
3204          (c) the child welfare worker was acting within the scope of the child welfare worker's
3205     authority at the time of the assault or threat of violence.
3206          (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
3207     A misdemeanor.
3208          (b) [An individual who violates this section is guilty of] A violation of Subsection (2)
3209     is a third degree felony if the [individual] actor:
3210          [(a)] (i) causes substantial bodily injury[, as defined in Section 76-1-101.5]; and
3211          [(b)] (ii) acts intentionally or knowingly.
3212          Section 66. Section 76-8-319, which is renumbered from Section 76-8-311.5 is
3213     renumbered and amended to read:
3214          [76-8-311.5].      76-8-319. Aiding or concealing an adjudicated minor --
3215     Trespass of a secure care facility -- Criminal penalties.
3216          (1) (a) As used in this section:
3217          [(a)] (i) "Abscond from a facility" means an adjudicated minor:
3218          (A) leaves a facility without permission; or

3219          (B) fails to return at a prescribed time.
3220          (ii) "Abscond from supervision" means an adjudicated minor:
3221          (A) changes the adjudicated minor's residence from the residence that the adjudicated
3222     minor reported to the division as the adjudicated minor's correct address to another residence,
3223     without notifying the division or obtaining permission; or
3224          (B) for the purpose of avoiding supervision:
3225          (I) hides at a different location from the adjudicated minor's reported residence; or
3226          (II) leaves the adjudicated minor's reported residence.
3227          (iii) "Adjudicated minor" means the same as the term "minor" is defined in Section
3228     80-6-501.
3229          (iv) "Division" means the Division of Juvenile Justice Services created in Section
3230     80-5-103.
3231          (v) "Facility" means the same as the term "detention facility" is defined in Section
3232     80-1-102.
3233          [(b) "Juvenile offender" means the same as that term is defined in Section 80-1-102.]
3234          [(c)] (vi) "Secure care" means the same as that term is defined in Section 80-1-102.
3235          [(d)] (vii) "Secure care facility" means the same as that term is defined in Section
3236     80-1-102.
3237          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3238          [(2) An individual who commits any of the following offenses is guilty of a class A
3239     misdemeanor:]
3240          [(a) entering, or attempting to enter, a building or enclosure appropriated to the use of
3241     juvenile offenders, without permission;]
3242          [(b) entering any premises belonging to a secure care facility and committing or
3243     attempting to commit a trespass or damage on the premises of a secure care facility; or]
3244          [(c) willfully annoying or disturbing the peace and quiet of a secure care facility or of a
3245     juvenile offender in a secure care facility.]
3246          [(3)] (2) An [individual is guilty of a third degree felony who] an actor commits aiding
3247     or concealing an adjudicated minor if the actor:
3248          (a) knowingly harbors or conceals [a juvenile offender] an adjudicated minor who has:
3249          (i) escaped from secure care; or

3250          (ii) [as described in Subsection (4),] absconded from:
3251          (A) a facility or supervision; or
3252          (B) supervision of the division; or
3253          (b) willfully aided or assisted [a juvenile offender] an adjudicated minor who has been
3254     lawfully committed to a secure care facility in escaping or attempting to escape from the secure
3255     care facility.
3256          [(4) As used in this section:]
3257          [(a) a juvenile offender absconds from a facility under this section when the juvenile
3258     offender:]
3259          [(i) leaves the facility without permission; or]
3260          [(ii) fails to return at a prescribed time.]
3261          [(b) A juvenile offender absconds from supervision when the juvenile offender:]
3262          [(i) changes the juvenile offender's residence from the residence that the juvenile
3263     offender reported to the division as the juvenile offender's correct address to another residence,
3264     without notifying the division or obtaining permission; or]
3265          [(ii) for the purpose of avoiding supervision:]
3266          [(A) hides at a different location from the juvenile offender's reported residence; or]
3267          [(B) leaves the juvenile offender's reported residence.]
3268          (3) A violation of Subsection (2) is a third degree felony.
3269          Section 67. Section 76-8-320 is enacted to read:
3270          76-8-320. Trespass of a secure care facility.
3271          (1) (a) As used in this section:
3272          (i) "Juvenile offender" means the same as that term is defined in Section 76-8-311.5.
3273          (ii) "Secure care facility" means the same as that term is defined in Section 76-8-311.5.
3274          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3275          (2) An actor commits trespass of a secure care facility if the actor:
3276          (a) without permission, enters or attempts to enter a building or enclosure appropriated
3277     to the use of juvenile offenders;
3278          (b) (i) enters any premises belonging to a secure care facility; and
3279          (ii) commits or attempts to commit a trespass or damage on the premises of the secure
3280     care facility; or

3281          (c) willfully annoys or disturbs the peace and quiet of:
3282          (i) a secure care facility; or
3283          (ii) of a juvenile offender in a secure care facility.
3284          (3) A violation of Subsection (2) is a class A misdemeanor.
3285          Section 68. Section 76-8-402 is amended to read:
3286          76-8-402. Misusing public money or public property -- Disqualification from
3287     office.
3288          (1) (a) As used in this section, "authorized personal use" means:
3289          [(a)] (i) the use of public property, for a personal matter, by [a] an actor who is a public
3290     servant if:
3291          [(i)] (A) the [public servant] actor is authorized to use or possess the public property to
3292     fulfill the [public servant's] actor's duties as a public servant;
3293          [(ii)] (B) the primary purpose of the [public servant] actor using or possessing the
3294     public property is to fulfill the [public servant's] actor's duties as a public servant;
3295          [(iii)] (C) at the time the [public servant] actor uses the public property for a personal
3296     matter, a written policy of the [public servant's] actor's public entity is in effect that authorizes
3297     the [public servant] actor to use or possess the public property for personal use in addition to
3298     the primary purpose of fulfilling the [public servant's] actor's duties as a public servant; and
3299          [(iv)] (D) the [public servant] actor uses and possesses the public property in a lawful
3300     manner and in accordance with the policy described in Subsection [(1)(a)(iii);] (1)(a)(i)(C); or
3301          [(b)] (ii) incidental or de minimus use of public property for a personal matter by [a
3302     public servant,] an actor who is a public servant if:
3303          [(i)] (A) the value provided to the [public servant's] actor's public entity by the [public
3304     servant's] actor's use or possession of the public property for a public purpose substantially
3305     outweighs the personal benefit received by the [employee] actor from the incidental use of the
3306     public property for a personal matter; and
3307          [(ii)] (B) the incidental or de minimus use of the public property for a personal matter
3308     is not prohibited by law or by the [public servant's] actor's public entity.
3309          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3310          (2) [It is unlawful for a public servant to] An actor commits misusing public money or
3311     public property if the actor is a public servant and knowingly:

3312          (a) [appropriate] appropriates public money to the [public servant's] actor's own use or
3313     benefit or to the use or benefit of another person without authority of law;
3314          (b) [loan or transfer] loans or transfers public money without authority of law;
3315          (c) [fail] fails to keep public money in the [public servant's] actor's possession until
3316     disbursed by authority of law;
3317          (d) [deposit] deposits public money in a bank or with another person in violation of the
3318     written policy of the [public servant's] actor's public entity or the requirements of law;
3319          (e) [keep] keeps a false account or [make] makes a false entry or erasure in an account
3320     of, or relating to, public money;
3321          (f) fraudulently [alter, falsify, conceal, or destroy] alters, falsifies, conceals, or destroys
3322     an account described in Subsection (2)(e);
3323          (g) [refuse or omit] refuses or omits to pay over, on demand, any public money in the
3324     [public servant's] actor's custody or control, upon the presentation of a draft, order, or warrant
3325     drawn upon the public money by competent authority;
3326          (h) [omit] omits to transfer public money when the transfer is required by law;
3327          (i) [omit or refuse] omits or refuses to pay over, to [any] an officer or person
3328     authorized by law to receive public money, public money received by the [public servant] actor
3329     under any duty imposed on the [public servant] actor by law;
3330          (j) [damage or dispose] damages or disposes of public property in violation of the
3331     written policy of the [public servant's] actor's public entity or the requirements of law;
3332          (k) [obtain or exercise] obtains or exercises unauthorized control of public property
3333     with the intent to deprive the owner of possession of the public property;
3334          (l) [obtain or exercise] obtains or exercises unauthorized control of public property
3335     with the intent to temporarily appropriate, possess, use, or deprive the owner of possession of
3336     the public property;
3337          (m) [appropriate] appropriates public property to the [public servant's] actor's own use
3338     or benefit or to the use or benefit of another person without authority of law;
3339          (n) [loan or transfer] loans or transfers public property without authority of law; or
3340          (o) [fail] fails to keep public property in the [public servant's] actor's possession until
3341     returned to the property owner[,] or disposed of or relinquished[,] in accordance with the
3342     written policy of the [public servant's] actor's public entity and the requirements of law.

3343          (3) (a) Except as provided [in Subsection (4)] by Subsection (3)(b), a violation of
3344     Subsections (2)(a) through (i) is a third degree felony [of the third degree].
3345          [(4)] (b) A violation of Subsections (2)(a) through (i) is a second degree felony [of the
3346     second degree] if:
3347          [(a)] (i) the value of the public money exceeds $5,000;
3348          [(b)] (ii) the amount of the false account exceeds $5,000;
3349          [(c)] (iii) the amount falsely entered exceeds $5,000;
3350          [(d)] (iv) the amount that is the difference between the original amount and the
3351     fraudulently altered amount exceeds $5,000; or
3352          [(e)] (v) the amount falsely erased, fraudulently concealed, destroyed, or falsified in the
3353     account exceeds $5,000.
3354          [(5)] (c) A violation of Subsection (2)(j) is:
3355          [(a)] (i) a class B misdemeanor[,] if the cost to repair or replace the public property is
3356     less than $500;
3357          [(b)] (ii) a class A misdemeanor[,] if the cost to repair or replace the public property is
3358     $500 or more, but less than $1,500;
3359          [(c)] (iii) a third degree felony [of the third degree,] if the cost to repair or replace the
3360     public property is $1,500 or more, but less than $5,000; or
3361          [(d)] (iv) a second degree felony [of the second degree,] if the cost to repair or replace
3362     the public property is $5,000 or more.
3363          [(6)] (d) A violation of Subsection (2)(k), (m), (n), or (o) is:
3364          [(a)] (i) a class B misdemeanor[,] if the value of the public property is less than $500;
3365          [(b)] (ii) a class A misdemeanor[,] if the value of the public property is $500 or more,
3366     but less than $1,500;
3367          [(c)] (iii) a third degree felony [of the third degree,] if the value of the public property
3368     is $1,500 or more, but less than $5,000; or
3369          [(d)] (iv) a second degree felony [of the second degree,] if the value of the public
3370     property is $5,000 or more.
3371          [(7)] (e) A violation of Subsection (2)(l) is:
3372          [(a)] (i) a class C misdemeanor[,] if the value of the public property is less than $500;
3373          [(b)] (ii) a class B misdemeanor[,] if the value of the public property is $500 or more,

3374     but less than $1,500;
3375          [(c)] (iii) a class A misdemeanor[,] if the value of the public property is $1,500 or
3376     more, but less than $5,000; or
3377          [(d)] (iv) a third degree felony [of the third degree,] if the value of the public property
3378     is $5,000 or more.
3379          [(8) In addition to the penalty described in Subsections (3) through (7), a public officer
3380     who is convicted of a felony violation of Subsection (2):]
3381          [(a) is subject to the penalties described in Section 76-8-404; and]
3382          [(b) may not disburse public funds or access public accounts.]
3383          [(9) (a) A public servant is not guilty of a violation of Subsections (2)(j) through (o)]
3384     [for authorized personal use of public property].
3385          [(10)] (4) It is not a defense to a violation of Subsection (2) that:
3386          (a) subsequent to the violation, a public entity modifies or adopts a policy or law, or
3387     takes other action, to retroactively authorize, approve, or ratify the conduct that constitutes a
3388     violation; or
3389          (b) a written policy of the [public servant's] actor's public entity permits private use of
3390     the public property if it is proven, beyond a reasonable doubt, that the [public servant] actor did
3391     not comply with the written policy.
3392          (5) Subsections (2)(j) through (2)(o) do not apply to the authorized personal use of
3393     public property.
3394          (6) In addition to the punishment described in Subsection (3), an actor who:
3395          (a) is convicted of a felony offense under this section may not disburse public funds or
3396     access public accounts; or
3397          (b) is a public officer and is convicted of a felony offense under this section is
3398     disqualified from holding public office if:
3399          (i) regardless of whether the public officer receives, safekeeps, transfers, disburses, or
3400     has a fiduciary relationship with public money, the public officer makes a profit from or out of
3401     public money or public property; or
3402          (ii) the public officer uses public money or public property in a manner or for a
3403     purpose not authorized by law.
3404          Section 69. Section 76-8-403 is amended to read:

3405          76-8-403. Failure to keep and pay over public money.
3406          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3407          (2) Except as otherwise provided in Subsection [76-8-402(4), a person who]
3408     76-8-402(3)(b), an actor commits failure to keep and pay over public money if the actor:
3409          (a) receives, safekeeps, transfers, or disburses public money [who]; and
3410          (b) neglects or fails to keep and pay over the public money in the manner prescribed by
3411     law [is guilty of a felony of the third degree].
3412          (3) A violation of Subsection (2) is a third degree felony.
3413          Section 70. Section 76-8-405 is amended to read:
3414          76-8-405. Failure to pay over a fine, forfeiture, or fee.
3415          [Every public officer who]
3416          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3417          (2) An actor commits failure to pay over a fine, forfeiture, or fee if the actor:
3418          (a) is a public officer;
3419          (b) receives any fine, forfeiture, or fee; and
3420          (c) refuses or neglects to pay [it] over the fine, forfeiture, or fee within the time
3421     prescribed by law [is guilty of a class B misdemeanor].
3422          (3) A violation of Subsection (2) is a class B misdemeanor.
3423          Section 71. Section 76-8-406 is amended to read:
3424          76-8-406. Obstructing the collection of revenue.
3425          [Every person who]
3426          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3427          (2) An actor commits obstructing the collection of revenue if the actor willfully
3428     obstructs or hinders [any] a public officer who is empowered by law to collect revenue, taxes,
3429     or other sums of money from collecting [any] revenue, taxes, or other sums of money in which
3430     [the people of this state are interested, and which such officer is by law empowered to collect,
3431     is guilty of a class B misdemeanor] this state is interested.
3432          (3) A violation of Subsection (2) is a class B misdemeanor.
3433          Section 72. Section 76-8-407 is amended to read:
3434          76-8-407. Refusing to give accurate tax assessment information.
3435          [Every person who]

3436          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3437          (2) An actor commits refusing to give accurate tax assessment information if the actor:
3438          (a) unlawfully refuses, upon demand, to give to [any] a county assessor or deputy
3439     county assessor a list of [his] the actor's property subject to taxation, or to swear to such list[,];
3440     or [who]
3441          (b) gives a false name, or fraudulently refuses to give [his] the actor's true name when
3442     demanded by the county assessor or deputy county assessor in the discharge of [his] the
3443     assessor's official duties[, is guilty of a class B misdemeanor].
3444          (3) A violation of Subsection (2) is a class B misdemeanor.
3445          Section 73. Section 76-8-408 is amended to read:
3446          76-8-408. Giving a false tax receipt or failing to give a receipt.
3447          [Every person who]
3448          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3449          (2) An actor commits giving a false tax receipt or failing to give a receipt if the actor:
3450          (a) uses or gives [any] a receipt, except that prescribed by law, as evidence of the
3451     payment for [any] a tax or license of any kind[,]; or [who]
3452          (b) receives payment for the tax or license without delivering the receipt prescribed by
3453     law[, is guilty of a class B misdemeanor].
3454          (3) A violation of Subsection (2) is a class B misdemeanor.
3455          Section 74. Section 76-8-409 is amended to read:
3456          76-8-409. Refusing to give a tax assessor or tax or license fee collector a list of
3457     employees.
3458          [Every person who, when requested by the assessor or collector of taxes or license
3459     fees,]
3460          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3461          (2) An actor commits refusing to give a tax assessor or tax or license fee collector a list
3462     of employees if the actor refuses to give [to] the assessor or collector the name and residence of
3463     each [person in his employ, or to give the assessor or collector access to the building or place
3464     of employment, is guilty of a class B misdemeanor.] individual in the actor's employ when
3465     requested by the assessor or collector.
3466          (3) A violation of Subsection (2) is a class B misdemeanor.

3467          Section 75. Section 76-8-409.2 is enacted to read:
3468          76-8-409.2. Denying a tax assessor or tax or license fee collector access to a
3469     building or place of employment.
3470          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3471          (2) An actor commits denying a tax assessor or tax or license fee collector access to a
3472     building or place of employment if the actor refuses to give the assessor or collector access to
3473     the building or place of employment when access is requested by the assessor or collector.
3474          (3) A violation of Subsection (2) is a class B misdemeanor.
3475          Section 76. Section 76-8-410 is amended to read:
3476          76-8-410. Doing business without a license.
3477          [Every person who]
3478          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3479          (2) An actor commits doing business without a license if the actor commences or
3480     carries on [any] a business, trade, profession, or calling, for [the transaction or carrying on of]
3481     which a license is required by [any] law, or by [any] county, city, or town ordinance, without
3482     [taking out the] obtaining the required license [required by law or ordinance is guilty of a class
3483     B misdemeanor].
3484          (3) A violation of Subsection (2) is a class B misdemeanor.
3485          Section 77. Section 76-8-411 is amended to read:
3486          76-8-411. Trafficking in warrants.
3487          [No state,]
3488          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3489          (2) An actor commits trafficking in warrants if the actor:
3490          (a) is a state, county, city, town, or district officer; and
3491          (b) [shall, either directly or indirectly, contract for or purchase any] directly or
3492     indirectly contracts for or purchases a warrant or order issued by the state, county, city, town,
3493     or district of which [he] the actor is an officer, at any discount whatever upon the sum due on
3494     the warrant or order[, and, if any state, county, city, town, or district officer shall so contract for
3495     or purchase any such order or warrant on a discount, he is guilty of a class B misdemeanor].
3496          (3) A violation of Subsection (2) is a class B misdemeanor.
3497          Section 78. Section 76-8-412 is amended to read:

3498          76-8-412. Stealing, destroying or mutilating public records by custodian.
3499          [Every officer having the custody of any record, map, or book, or of any paper or
3500     proceedings of any court, filed or deposited in any public office, or placed in his hands for any
3501     purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering,
3502     falsifying, removing, or secreting the whole or any part thereof, or who permits any other
3503     person so to do, is guilty of a felony of the third degree.]
3504          (1) (a) As used in this section, "public record" means the following records filed or
3505     deposited in a public office:
3506          (i) a record;
3507          (ii) a map;
3508          (iii) a book; or
3509          (iv) a paper or proceeding of a court.
3510          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3511          (2) An actor commits stealing, destroying, or mutilating a public record by a custodian
3512     if the actor:
3513          (a) is a government officer who has custody of a public record; and
3514          (b) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes, or secrets the
3515     whole or a part of the public record or permits another individual to do so.
3516          (3) A violation of Subsection (2) is a third degree felony.
3517          Section 79. Section 76-8-413 is amended to read:
3518          76-8-413. Stealing, destroying or mutilating public records by one not custodian.
3519          [Every person, not an officer such as is referred to in the preceding section, who is
3520     guilty of any of the acts specified in that section is guilty of a class A misdemeanor.]
3521          (1) (a) As used in this section, "public record" means the same as that term is defined
3522     in Section 76-8-412.
3523          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3524          (2) An actor commits stealing, destroying, or mutilating a public record by a
3525     noncustodian if the actor:
3526          (a) does not have lawful custody of a public record; and
3527          (b) steals, willfully destroys, mutilates, defaces, alters, falsifies, removes, or secrets the
3528     whole or a part of the public record or permits another individual to do so.

3529          (3) A violation of Subsection (2) is a class A misdemeanor.
3530          Section 80. Section 76-8-414 is amended to read:
3531          76-8-414. Recording a false or forged instrument.
3532          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3533          (2) [Every person who] An actor commits recording a false or forged instrument if the
3534     actor knowingly procures or offers [any] a false or forged instrument to be filed, registered, or
3535     recorded in [any] a public office, which instrument, if genuine, might be filed or registered or
3536     recorded under [any] a law of this state or of the United States[, is guilty of a felony of the third
3537     degree].
3538          (3) A violation of Subsection (2) is a third degree felony.
3539          Section 81. Section 76-8-415 is amended to read:
3540          76-8-415. Damaging or removing a monument of an official survey.
3541          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3542          (2) [Every person who] An actor commits damaging or removing a monument of an
3543     official survey if the actor willfully injures, defaces, or removes [any] a signal, monument,
3544     building, or appurtenance thereto, placed, erected, or used by persons engaged in the United
3545     States or state survey [is guilty of a class B misdemeanor].
3546          (3) A violation of Subsection (2) is a class B misdemeanor.
3547          Section 82. Section 76-8-416 is amended to read:
3548          76-8-416. Taking a toll or maintaining a road, bridge, or ferry without authority.
3549          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3550          (2) [Any person who] An actor commits taking a toll or maintaining a road, bridge, or
3551     ferry without authority if the actor, without authority:
3552          (a) demands or receives compensation for the use of [any] a bridge or ferry[,]; or [who]
3553          (b) sets up or keeps [any] a road, bridge, [or] ferry, or constructed ford, for the purpose
3554     of receiving remuneration for [its] the road's, bridge's, ferry's, or constructed ford's use [without
3555     authority of law; and any person who refuses to pay on demand the compensation or fee
3556     authorized to be collected for use of a licensed toll road, bridge, ferry, or constructed ford after
3557     having used it is guilty of a class B misdemeanor].
3558          (3) A violation of Subsection (2) is a class B misdemeanor.
3559          Section 83. Section 76-8-416.2 is enacted to read:

3560          76-8-416.2. Refusal to pay a lawful toll.
3561          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3562          (2) An actor commits refusal to pay a lawful toll if the actor, after having used a
3563     licensed toll road, bridge, ferry, or constructed ford, refuses to pay on demand the
3564     compensation or fee authorized to be collected for use of the licensed toll road, bridge, ferry, or
3565     constructed ford.
3566          (3) A violation of Subsection (2) is a class B misdemeanor.
3567          Section 84. Section 76-8-417 is amended to read:
3568          76-8-417. Tampering with an official notice or proclamation.
3569          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3570          (2) [Every person who] An actor commits tampering with an official notice or
3571     proclamation if the actor intentionally defaces, obliterates, tears down, or destroys:
3572          (a) [any] a copy, [or] transcript, or extract from or of [any] a law of the United States or
3573     of this state[,]; or
3574          (b) [any] a proclamation, advertisement, or notice, set up [at any place] in this state by
3575     authority of [any] a law of the United States or of this state, or by order of [any] a court or of
3576     [any] a public officer, before the expiration of the time for which the [same] proclamation,
3577     advertisement, or notice was to remain set up[, is guilty of an infraction].
3578          (3) A violation of Subsection (2) is an infraction.
3579          Section 85. Section 76-8-418 is amended to read:
3580          76-8-418. Damaging a jail or other place of confinement.
3581          (1) (a) As used in this section:
3582          [(a)] (i) "Child" means the same as that term is defined in Section 80-1-102.
3583          [(b)] (ii) "Detention facility" means the same as that term is defined in Section
3584     80-1-102.
3585          [(c)] (iii) "Secure care facility" means the same as that term is defined in Section
3586     80-1-102.
3587          [(d)] (iv) "Shelter facility" means the same as that term is defined in Section 80-1-102.
3588          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3589          (2) [A person who] An actor commits damaging a jail or other place of confinement if
3590     the actor willfully and intentionally breaks down, pulls down, destroys, floods, or otherwise

3591     damages [any] a public jail or other place of confinement, including a detention facility, a
3592     shelter facility, or a secure care facility[, is guilty of a felony of the third degree].
3593          (3) A violation of Subsection (2) is a third degree felony.
3594          [(3)] (4) This section is applicable to a child who willfully and intentionally commits
3595     an offense against a public jail, a detention facility, a shelter facility, or a secure care facility.
3596          Section 86. Section 76-8-419 is amended to read:
3597          76-8-419. Damaging a highway or bridge.
3598          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3599          (2) [Every person who] An actor commits damaging a highway or bridge if the actor
3600     intentionally, knowingly, or recklessly digs up, removes, displaces, breaks, or otherwise
3601     damages or destroys [any public highway, or any] a public highway or private way laid out by
3602     authority of law, or [any] a bridge upon the highway or private way [is guilty of a class A
3603     misdemeanor].
3604          (3) Except as provided in Subsection (4), a violation of Subsection (2) is a third degree
3605     felony.
3606          [(2)] (4) If the violation of this section constitutes an offense subject to a greater
3607     penalty under another provision of Title 76, Utah Criminal Code, than is provided under this
3608     section, this section does not prohibit the prosecution and sentencing for the offense subject to
3609     a greater penalty.
3610          Section 87. Section 76-8-420 is amended to read:
3611          76-8-420. Removing or damaging a road sign.
3612          [Every person who intentionally or knowingly removes or injures any milepost or
3613     milestone or guidepost or any inscription on them, erected upon any highway, is guilty of a
3614     class B misdemeanor.]
3615          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3616          (2) An actor commits removing or damaging a road sign if the actor intentionally or
3617     knowingly removes or damages:
3618          (a) a milepost, milestone, or guidepost erected on a highway; or
3619          (b) an inscription on a milepost, milestone, or guidepost.
3620          (3) A violation of Subsection (2) is a class B misdemeanor.
3621          Section 88. Section 76-8-501 is amended to read:

3622          76-8-501. Definitions.
3623          As used in this part:
3624          (1) "False statement" includes a false unsworn declaration[, with "unsworn declaration"
3625     being defined in Section 78B-18a-102].
3626          (2) "Material" means capable of affecting the course or outcome of an official
3627     proceeding, unless the [person] individual who made the statement or provided the information
3628     retracts the statement or information before the earlier of:
3629          (a) the end of the official proceeding in which the statement was made or the
3630     information was provided;
3631          (b) when it becomes manifest that the false or misleading nature of the statement or
3632     information has been or will be exposed; or
3633          (c) when the statement or information substantially affects the proceeding.
3634          (3) "Official proceeding" means:
3635          (a) [any] a proceeding before:
3636          (i) a legislative, judicial, administrative, or other governmental body or official
3637     authorized by law to take evidence under oath or affirmation;
3638          (ii) a notary; or
3639          (iii) [a person that] an individual who takes evidence in connection with a proceeding
3640     described in Subsection (3)(a)(i);
3641          (b) [any] a civil or administrative action, trial, examination under oath, administrative
3642     proceeding, or other civil or administrative adjudicative process; or
3643          (c) an investigation or audit conducted by:
3644          (i) the Legislature, or a house, committee, subcommittee, or task force of the
3645     Legislature; or
3646          (ii) an employee or independent contractor of an entity described in Subsection
3647     (3)(c)(i), at or under the direction of an entity described in Subsection (3)(c)(i).
3648          (4) "Unsworn declaration" means the same as that term is defined in Section
3649     78B-18a-102.
3650          Section 89. Section 76-8-502 is amended to read:
3651          76-8-502. Making a false or inconsistent material statement.
3652          [A person is guilty of a felony of the second degree if in any official proceeding:]

3653          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3654     section.
3655          (2) [He] An actor commits making a false or inconsistent material statement if the
3656     actor:
3657          (a) makes a false material statement under oath or affirmation or swears or affirms the
3658     truth of a material statement previously made and [he] the actor does not believe the statement
3659     to be true; or
3660          [(2)] (b) [He] makes inconsistent material statements under oath or affirmation, both
3661     within the period of limitations, one of which is false and [not believed by him] the actor does
3662     not believe to be true.
3663          (3) A violation of Subsection (2) is a second degree felony.
3664          (4) It is not a defense to prosecution under this section that the oath or affirmation was
3665     administered or taken in an irregular manner.
3666          (5) (a) In a prosecution for a violation of Subsection (2)(a), the falsity of an actor's
3667     statement may not be established solely through contradiction by the testimony of a single
3668     witness.
3669          (b) In a prosecution for a violation of Subsection (2)(b), it need not be alleged or
3670     proved which of the statements are false but only that one or the other statement is false and
3671     not believed by the actor to be true.
3672          Section 90. Section 76-8-503 is amended to read:
3673          76-8-503. Making a false or inconsistent statement.
3674          (1) [Except as provided in Subsection (2), a person is guilty of a class B misdemeanor
3675     if:] Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this section.
3676          [(a)] (2) [the person] Except as provided in Subsection (6), an actor commits making a
3677     false or inconsistent statement if the actor:
3678          (a) makes a false statement under oath or affirmation or swears or affirms the truth of
3679     the statement previously made and the [person] actor does not believe the statement to be true
3680     if:
3681          (i) the falsification occurs in an official proceeding, or is made with a purpose to
3682     mislead a public servant in performing the public servant's official functions; or
3683          (ii) the statement is one that is authorized by law to be sworn or affirmed before a

3684     notary or other [person] individual authorized to administer oaths; or
3685          (b) [the person] makes inconsistent statements under oath or affirmation, both within
3686     the period of limitations, one of which is false and not believed by the [person] actor to be true.
3687          (3) A violation of Subsection (2) is a class B misdemeanor.
3688          (4) (a) It is not a defense to prosecution under this section that the oath or affirmation
3689     was administered or taken in an irregular manner.
3690          (b) It is a defense to prosecution under this section that the actor retracted the false
3691     statement before it became manifest that the falsity of the statement had been or would be
3692     exposed.
3693          (5) (a) In a prosecution for a violation of Subsection (2)(a), the falsity of an actor's
3694     statement may not be established solely through contradiction by the testimony of a single
3695     witness.
3696          (b) In a prosecution for a violation of Subsection (2)(b), it need not be alleged or
3697     proved which of the statements are false but only that one or the other statement is false and
3698     not believed by the actor to be true.
3699          [(2)] (6) Subsection [(1)] (2) does not include obstructing a legislative proceeding, as
3700     described in Section 36-12-9.5.
3701          [(3) A person is not guilty under this section if the person retracts the falsification
3702     before it becomes manifest that the falsification has been or will be exposed.]
3703          Section 91. Section 76-8-504 is amended to read:
3704          76-8-504. Making a written false statement.
3705          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3706     section.
3707          (2) An actor commits [the offense of] making a written false statement if:
3708          (a) the actor makes a statement that the actor does not believe to be true on or under a
3709     form bearing a notification authorized by law to the effect that [false statements made therein
3710     are punishable] a false statement made therein is punishable; or
3711          (b) with intent to deceive a public servant in the performance of the public servant's
3712     official function, the actor:
3713          (i) makes a written false statement that the actor does not believe to be true;
3714          (ii) knowingly creates a false impression in a written application for a pecuniary or

3715     other benefit by omitting information necessary to prevent a statement in the application from
3716     being misleading;
3717          (iii) submits or invites reliance on a writing that the actor knows to be lacking in
3718     authenticity; or
3719          (iv) submits or invites reliance on a sample, specimen, map, boundary mark, or other
3720     object that the actor knows to be false.
3721          [(2)] (3) (a) Except as provided in Subsection [(2)(b),] (3)(b), a violation of Subsection
3722     [(1)] (2) is a class B misdemeanor.
3723          (b) A violation of Subsection [(1)] (2) is a third degree felony if the false statement is
3724     on a financial declaration described in Section 77-38b-204.
3725          [(3) It is not an offense under this section if the actor retracts the falsification before it
3726     becomes manifest that the falsification was or would be exposed.]
3727          (4) (a) An actor does not violate this section if the actor retracted the false statement
3728     before it became manifest that the falsity of the statement had been or would be exposed.
3729          (b) It is not a defense to prosecution under this section that, if applicable, an oath or
3730     affirmation was administered or taken in an irregular manner.
3731          Section 92. Section 76-8-504.5 is amended to read:
3732          76-8-504.5. Making a false statement to be used in a preliminary hearing.
3733          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3734     section.
3735          (2) [A person is guilty of a class A misdemeanor if the person] An actor commits
3736     making a false statement to be used in a preliminary hearing if the actor makes a false
3737     statement that:
3738          (a) [which the person] the actor does not believe to be true;
3739          (b) [that the person] the actor has reason to believe will be used in a preliminary
3740     hearing; and
3741          (c) the actor made after having been notified either verbally or in writing that:
3742          (i) the statement may be used in a preliminary hearing before a magistrate or a judge;
3743     and
3744          (ii) if the [person] actor makes a false statement after having received this notification,
3745     [he] the actor is subject to a criminal penalty.

3746          (3) A violation of Subsection (2) is a class A misdemeanor.
3747          (4) It is not a defense to prosecution under this section that, if applicable, an oath or
3748     affirmation was administered or taken in an irregular manner.
3749          [(2)] (5) [Notification] A notification under Subsection [(1)] (2)(c) is sufficient if [it]
3750     the notification is verbal or written and is in substantially the following form: "You are notified
3751     that statements you are about to make may be presented to a magistrate or a judge in lieu of
3752     your sworn testimony at a preliminary examination. Any false statement you make and that
3753     you do not believe to be true may subject you to criminal punishment as a class A
3754     misdemeanor."
3755          Section 93. Section 76-8-504.6 is amended to read:
3756          76-8-504.6. Providing false or misleading information.
3757          (1) (a) As used in this section, "officer of the court" means:
3758          (i) a prosecutor;
3759          (ii) a judge;
3760          (iii) a court clerk;
3761          (iv) an interpreter;
3762          (v) a presentence investigator;
3763          (vi) a probation officer;
3764          (vii) a parole officer; or
3765          (viii) an individual reasonably believed to be gathering information for a criminal
3766     proceeding.
3767          (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3768     section.
3769          (2) [A person is guilty of a class B misdemeanor if the person,] An actor commits
3770     providing false or misleading information if the actor, not under oath or affirmation,
3771     intentionally or knowingly provides false or misleading material information to:
3772          (a) an officer of the court for the purpose of influencing a criminal proceeding; or
3773          (b) the Bureau of Criminal Identification for the purpose of obtaining a certificate of
3774     eligibility for:
3775          (i) expungement; or
3776          (ii) removal of the person's name from the White Collar Crime Registry created in Title

3777     77, Chapter 42, Utah White Collar Crime Offender Registry.
3778          (3) Except as provided in Subsection (4), a violation of Subsection (2) is a class B
3779     misdemeanor.
3780          [(2) For the purposes of this section "officer of the court" means:]
3781          [(a) prosecutor;]
3782          [(b) judge;]
3783          [(c) court clerk;]
3784          [(d) interpreter;]
3785          [(e) presentence investigator;]
3786          [(f) probation officer;]
3787          [(g) parole officer; and]
3788          [(h) any other person reasonably believed to be gathering information for a criminal
3789     proceeding.]
3790          [(3)] (4) This section does not apply under circumstances amounting to Section
3791     76-8-306 or any other provision of this code carrying a greater penalty.
3792          Section 94. Section 76-8-506 is amended to read:
3793          76-8-506. Providing false information to a law enforcement officer, government
3794     agency, or specified professional.
3795          [A person is guilty of a class B misdemeanor if he:]
3796          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3797     section.
3798          (2) An actor commits providing false information to a law enforcement officer,
3799     government agency, or specified professional if the actor knowingly gives or causes to be
3800     given:
3801          (a) false information to [any] a peace officer or [any] state or local government agency
3802     or personnel with a purpose of inducing the recipient of the information to believe that another
3803     person has committed an offense;
3804          [(2)] (b) [knowingly gives or causes to be given to any] information concerning the
3805     commission of an offense to a peace officer, [any] a state or local government agency or
3806     personnel, or to [any person] an individual licensed in this state to practice social work,
3807     psychology, or marriage and family therapy, [information concerning the commission of an

3808     offense,] knowing that the offense did not occur or knowing that [he] the actor has no
3809     information relating to the offense or danger; or
3810          [(3)] (c) [knowingly gives or causes to be given] false information to [any] a state or
3811     local government agency or personnel with a purpose of inducing a change in the [person's]
3812     actor's licensing or certification status or the licensing or certification status of another person.
3813          (3) A violation of Subsection (2) is a class B misdemeanor.
3814          Section 95. Section 76-8-507 is amended to read:
3815          76-8-507. Providing false personal information to a peace officer.
3816          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3817     section.
3818          (2) [A person commits a class C misdemeanor if,] An actor commits providing false
3819     personal information to a peace officer if the actor knowingly:
3820          (a) with intent of misleading a peace officer as to the [person's] actor's identity, birth
3821     date, or place of residence, [the person knowingly] gives a false name, birth date, or address to
3822     [a] the peace officer in the lawful discharge of the peace officer's official duties[.]; or
3823          [(2)] (b) [A person commits a class A misdemeanor if,] with the intent of leading a
3824     peace officer to believe that the [person] actor is another actual [person, he] individual, gives
3825     the name, birth date, or address of another [person to a] individual to the peace officer acting in
3826     the lawful discharge of the peace officer's official duties.
3827          (3) (a) A violation of Subsection (2)(a) is a class C misdemeanor.
3828          (b) A violation of Subsection (2)(b) is a class A misdemeanor.
3829          Section 96. Section 76-8-508 is amended to read:
3830          76-8-508. Tampering with a witness.
3831          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3832     section.
3833          (2) [A person is guilty of the third degree felony of] An actor commits tampering with
3834     a witness if[,] the actor:
3835          (a) (i) [believing] believes that an official proceeding or investigation is pending or
3836     about to be instituted[,]; or
3837          (ii) [with the intent] intends to prevent an official proceeding or investigation[,]; and
3838          (b) [he] attempts to induce or otherwise cause another [person] individual to:

3839          [(a)] (i) testify or inform falsely;
3840          [(b)] (ii) withhold [any] testimony, information, a document, or an item;
3841          [(c)] (iii) elude legal process summoning [him] the individual to provide evidence; or
3842          [(d)] (iv) absent [himself] the individual from [any] a proceeding or investigation to
3843     which [he] the individual has been summoned.
3844          [(2) A person is guilty of the third degree felony of soliciting or receiving a bribe as a
3845     witness if he solicits, accepts, or agrees to accept any benefit in consideration of his doing any
3846     of the acts specified under Subsection (1).]
3847          (3) A violation of Subsection (2) is a third degree felony.
3848          [(3)] (4) [The offense of tampering with a witness or soliciting or receiving a bribe] A
3849     violation under this section does not merge with [any other] another substantive offense
3850     committed in the course of [committing any offense under] violating this section.
3851          Section 97. Section 76-8-508.3 is amended to read:
3852          76-8-508.3. Retaliation against a witness, victim, or informant.
3853          [(1) As used in this section:]
3854          (1) (a) [A person is "closely associated"] As used in this section:
3855          (i) "An individual closely associated with a witness, victim, or informant [if the
3856     person] " means an individual who is a member of the witness', victim's, or informant's family,
3857     has a close personal or business relationship with the witness or victim, or resides in the same
3858     household with the witness, victim, or informant.
3859          [(b)] (ii) "Harm" means physical, emotional, or economic injury or damage to a person
3860     or to his property, reputation, or business interests.
3861          (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3862     section.
3863          [(2) A person is guilty of the third degree felony of retaliation against a witness, victim,
3864     or informant if, believing that an official proceeding or investigation is pending, is about to be
3865     instituted, or has been concluded, he:]
3866          [(a) (i) makes a threat of harm; or]
3867          [(ii) causes harm; and]
3868          [(b) directs the threat or action:]
3869          [(i) against a witness or an informant regarding any official proceeding, a victim of any

3870     crime, or any person closely associated with a witness, victim, or informant; and]
3871          [(ii) as retaliation or retribution against the witness, victim, or informant.]
3872          [(3)] (2) An actor commits retaliation against a witness, victim, or informant if the
3873     actor:
3874          (a) believes that an official proceeding or investigation is pending, is about to be
3875     brought, or has been concluded;
3876          (b) makes a threat of harm or causes harm; and
3877          (c) directs the threat or action causing harm as retaliation or retribution against a
3878     witness or an informant involved in an official proceeding, a victim of a crime, or an individual
3879     closely associated with a witness, victim, or informant.
3880          (3) [This section does not prohibit any person from seeking any legal redress to which
3881     the person is otherwise entitled.] A violation of Subsection (2) is a third degree felony.
3882          (4) [The offense of retaliation against a witness, victim, or informant] A violation
3883     under this section does not merge with [any other] another substantive offense committed in
3884     the course of [committing any offense under] violating this section.
3885          (5) This section does not prohibit an individual from seeking other legal redress to
3886     which the individual is otherwise entitled.
3887          Section 98. Section 76-8-508.5 is amended to read:
3888          76-8-508.5. Tampering or retaliating against a juror.
3889          (1) (a) As used in this section, "juror" means [a person] an individual:
3890          [(a)] (i) summoned for jury duty; or
3891          [(b)] (ii) serving as or having served as a juror or alternate juror in any court or as a
3892     juror on any grand jury of the state.
3893          (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3894     section.
3895          (2) [A person is guilty of tampering with a juror if he] An actor commits tampering or
3896     retaliating against a juror if the actor:
3897          (a) attempts to or actually influences a juror in the discharge of the juror's service by:
3898          [(a)] (i) communicating with the juror by any means, directly or indirectly, except for
3899     [attorneys] an attorney in the lawful discharge of [their] the attorney's duties in open court;
3900          [(b)] (ii) offering, conferring, or agreeing to confer any benefit upon the juror; or

3901          [(c)] (iii) communicating to the juror a threat that a reasonable person would believe to
3902     be a threat to injure:
3903          [(i)] (A) the juror's person or property; or
3904          [(ii)] (B) the person or property of [any other person] another individual in whose
3905     welfare the juror is interested[.]; or
3906          [(3)] (b) [A person is guilty of tampering with a juror if he commits any] commits an
3907     unlawful act in retaliation for [anything done] an action taken by the juror in the discharge of
3908     the juror's service:
3909          [(a)] (i) to the juror's person or property; or
3910          [(b)] (ii) to the person or property of [any other person] another individual in whose
3911     welfare the juror is interested.
3912          [(4)] (3) [Tampering with a juror] A violation of Subsection (2) is a third degree
3913     felony.
3914          Section 99. Section 76-8-508.7 is enacted to read:
3915          76-8-508.7. Receiving or soliciting a bribe as a witness.
3916          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3917     section.
3918          (2) An actor commits receiving or soliciting a bribe as a witness if the actor:
3919          (a) believes that an official proceeding or investigation is pending or about to be
3920     instituted; and
3921          (b) solicits, accepts, or agrees to accept a benefit in consideration of the actor:
3922          (i) testifying or informing falsely;
3923          (ii) withholding testimony, information, a document, or an item;
3924          (iii) eluding legal process summoning the actor to provide evidence; or
3925          (iv) absenting the actor from a proceeding or investigation to which the actor has been
3926     summoned.
3927          (3) A violation of Subsection (2) is a third degree felony.
3928          (4) A violation under this section does not merge with another substantive offense
3929     committed in the course of violating this section.
3930          Section 100. Section 76-8-509 is amended to read:
3931          76-8-509. Extortion or bribery to dismiss a criminal proceeding.

3932          (1) (a) As used in this section, "victim" includes a child or other individual under the
3933     care or custody of a parent or guardian.
3934          (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3935     section.
3936          (2) [A person is guilty of a felony of the second degree if by] An actor commits
3937     extortion or bribery to dismiss a criminal proceeding if the actor attempts to induce an alleged
3938     victim of a crime to take an action to secure the dismissal or to prevent the filing of a criminal
3939     complaint, indictment, or information by:
3940          (a) the use of force; or
3941          (b) [by any threat which would constitute a means of committing the crime of theft by
3942     extortion under this code, if the threat were employed to obtain property, or by promise of any
3943     reward or pecuniary benefits, he attempts to induce an alleged victim of a crime to secure the
3944     dismissal of or to prevent the filing of a criminal complaint, indictment, or information.] a
3945     threat that would constitute a means of committing the offense of theft by extortion under
3946     Section 76-6-406 if the threat were employed to obtain property or by promise of a reward or
3947     pecuniary benefit
3948          (3) A violation of Subsection (2) is a second degree felony.
3949          [(2) "Victim," as used in this section, includes a child or other person under the care or
3950     custody of a parent or guardian.]
3951          Section 101. Section 76-8-510.5 is amended to read:
3952          76-8-510.5. Tampering with evidence.
3953          (1) (a) As used in this section, "thing or item" includes any document, record book,
3954     paper, file, electronic compilation, or other evidence.
3955          (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3956     section.
3957          (2) [A person is guilty of] An actor commits tampering with evidence if[, believing]
3958     the actor:
3959          (a) (i) believes that an official proceeding or investigation is pending or about to be
3960     instituted[,]; or [with the intent]
3961          (ii) intends to prevent an official proceeding or investigation or to prevent the
3962     production of [any] a thing or item which reasonably would be anticipated to be evidence in the

3963     official proceeding or investigation[, the person]; and
3964          (b) knowingly or intentionally:
3965          [(a)] (i) alters, destroys, conceals, or removes [any] a thing or item with the purpose of
3966     impairing the veracity or availability of the thing or item in the proceeding or investigation; or
3967          [(b)] (ii) makes, presents, or uses [any] a thing or item which the [person] actor knows
3968     to be false with the purpose of deceiving a public servant or [any] other party who is or may be
3969     engaged in the proceeding or investigation.
3970          (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
3971     A misdemeanor.
3972          (b) A violation of Subsection (2) is a third degree felony if the offense is committed in
3973     conjunction with an official proceeding.
3974          [(3)] (4) Subsection (2) does not apply to any offense that amounts to a violation of
3975     Section 76-8-306.
3976          [(4) (a) Tampering with evidence is a third degree felony if the offense is committed in
3977     conjunction with an official proceeding.]
3978          [(b) Any violation of this section except under Subsection (4)(a) is a class A
3979     misdemeanor.]
3980          Section 102. Section 76-8-511 is amended to read:
3981          76-8-511. Falsification or alteration of a government record.
3982          [A person is guilty of a class B misdemeanor]
3983          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3984     section.
3985          (2) An actor commits falsification or alteration of a government record if, under
3986     circumstances not amounting to an offense subject to a greater penalty under Title 76, Chapter
3987     6, Part 5, Fraud, [the person] the actor:
3988          [(1)] (a) knowingly makes a false entry in or false alteration of anything belonging to,
3989     received, or kept by the government for information or record, or required by law to be kept for
3990     information of the government;
3991          [(2)] (b) presents or uses anything knowing it to be false and with a purpose that it be
3992     taken as a genuine part of information or [records] record referred to in Subsection [(1)] (2)(a);
3993     or

3994          [(3)] (c) intentionally destroys, conceals, or otherwise impairs the verity or availability
3995     of the information or [records] record, knowing that the destruction, concealment, or
3996     impairment is unlawful.
3997          (d) Except as provided in Subsection (4), a violation of Subsection (2) is a class B
3998     misdemeanor.
3999          Section 103. Section 76-8-512 is amended to read:
4000          76-8-512. Impersonation of officer.
4001          [A person is guilty of a class B misdemeanor who:]
4002          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
4003     section.
4004          [(1)] (2) An actor commits impersonation of an officer if the actor:
4005          (a) impersonates a public servant or a peace officer with intent to deceive another
4006     individual or with intent to induce another individual to submit to [his] the actor's pretended
4007     official authority or to rely upon [his] the actor's pretended official act;
4008          [(2)] (b) falsely states [he] that the actor is a public servant or a peace officer with
4009     intent to deceive another individual or to induce another individual to submit to [his] the actor's
4010     pretended official authority or to rely upon [his] the actor's pretended official act; or
4011          [(3)] (c) displays or possesses without authority [any] a badge, identification card,
4012     other form of identification, [any] a restraint device, [or] the uniform of [any] a state or local
4013     governmental entity, or a reasonable facsimile of any of these items, with the intent to deceive
4014     another individual or with the intent to induce another individual to submit to [his] the actor's
4015     pretended official authority or to rely upon [his] the actor's pretended official act.
4016          (3) A violation of Subsection (2) is a class B misdemeanor.
4017          Section 104. Section 76-8-513 is amended to read:
4018          76-8-513. Sending a false judicial or official notice.
4019          [A person is guilty of a class B misdemeanor who, with a purpose to procure the
4020     compliance of another with a request made by the person, knowingly sends, mails, or delivers
4021     to the person a notice or other writing which has no judicial or other sanction but which in its
4022     format or appearance simulates a summons, complaint, court order, or process, or an insignia,
4023     seal, or printed form of a federal, state, or local government or an instrumentality thereof, or is
4024     otherwise calculated to induce a belief that it does have a judicial or other official sanction.]

4025          (1) (a) As used in this section:
4026          (i) "Official document" means:
4027          (A) a summons, complaint, court order, or process; or
4028          (B) an insignia, seal, or printed form of a federal, state, or local governmental entity or
4029     an instrumentality of a federal, state, or local governmental entity.
4030          (ii) (A) "False official document" means a document that has the appearance or format
4031     of an official document but that has not been sanctioned by the relevant governmental entity.
4032          (B) "False official document" includes a document calculated to induce an individual
4033     to believe that the document is an official document of the relevant governmental entity.
4034          (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
4035     section.
4036          (2) An actor commits sending a false judicial or official notice if the actor knowingly
4037     sends, mails, or delivers to an individual a false official document with the purpose to procure
4038     the compliance of the individual.
4039          (3) A violation of Subsection (2) is a class B misdemeanor.
4040          Section 105. Section 76-8-515 is amended to read:
4041          76-8-515. Impersonation of a utility officer or employee.
4042          (1) (a) As used in this section:
4043          (i) "Critical infrastructure facility" means the same as that term is defined in Section
4044     76-6-106.3.
4045          (ii) "Sabotage" means the same as that term is defined in Section 76-8-901.
4046          (iii) "Terrorism" means the same as that term is defined in Section 53-2a-102.
4047          (iv) "Utility" means a private or governmental entity operating a critical infrastructure
4048     facility.
4049          (b) Terms defined [in Section 76-1-101.5 apply to this section] in Sections 76-1-101.5,
4050     76-8-101, and 76-8-501 apply to this section.
4051          (2) An actor commits impersonation of a utility officer or employee if the actor,
4052     without authority from a utility:
4053          (a) intends to lead an individual to believe that the actor is acting on behalf of the
4054     utility in an official capacity; and
4055          (b) attempts to act on behalf of the utility.

4056          (3) (a) [A] Except as provided in Subsection (3)(b), a violation of Subsection (2) is a
4057     class A misdemeanor.
4058          (b) [Notwithstanding Subsection (3)(a), a] A violation of Subsection (2) is a third
4059     degree felony if the actor, while taking the action described in Subsection (2), intends to
4060     commit an act of terrorism or sabotage.
4061          Section 106. Section 76-8-601 is amended to read:
4062          76-8-601. Wrongful commencement of an action in justice court.
4063          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4064          (2) An actor commits wrongful commencement of an action in justice court if the
4065     actor:
4066          (a) is:
4067          (i) a party to a suit or a proceeding; or
4068          (ii) an agent or attorney for a party to a suit or proceeding; and
4069          (b) [Any party to any suit or proceeding, and any attorney or agent for the party, who
4070     knowingly commences, prosecutes, or maintains any action, suit, or proceeding in any justice
4071     court other than as provided in Sections 78A-7-105 and 78A-7-106, is guilty of a class B
4072     misdemeanor.] except as provided in Section 78A-7-105 or 78A-7-106, knowingly
4073     commences, prosecutes, or maintains an action, suit, or proceeding in a justice court.
4074          (3) A violation of Subsection (2) is a class B misdemeanor.
4075          Section 107. Section 76-8-602 is amended to read:
4076          76-8-602. Wrongfully conferring jurisdiction upon a justice court.
4077          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4078          (2) [Any person who binds himself, or] An actor commits wrongfully conferring
4079     jurisdiction upon a justice court if the actor, for the purpose of conferring jurisdiction of a
4080     cause upon a justice court in a precinct or city that would be without jurisdiction except for the
4081     liability of the joint obligor, binds the actor's self, voluntarily becomes liable jointly or jointly
4082     and severally with [any other person, for the purpose of conferring jurisdiction of any cause
4083     upon any justice court judge in any precinct or city that would be without jurisdiction except
4084     for the liability of the joint obligor, and any person who induces a person to assume the liability
4085     for the purpose of conferring jurisdiction upon the justice court judge, is guilty of] another
4086     person, or induces a person to assume a liability.

4087          (3) A violation of Subsection (2) is a class B misdemeanor.
4088          Section 108. Section 76-8-603 is amended to read:
4089          76-8-603. Wrongfully issued writ of attachment by a justice court judge.
4090          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4091          (2) [It is unlawful for any] An actor commits wrongfully issued writ of attachment by a
4092     justice court judge if the actor:
4093          (a) is a justice court judge [to issue any]; and
4094          (b) issues a writ of attachment[, and for any party, agent, or attorney of the party, to
4095     advise, induce, or procure the issuance thereof, in any] in an action, suit, or proceeding:
4096          (i) before the affidavit is filed[,]; or
4097          (ii) [where] in which the affidavit filed does not conform substantially with the
4098     requirements of Rule 64C of the Utah Rules of Civil Procedure.
4099          (3) [Any person violating any of the provisions of this section is guilty of] A violation
4100     of Subsection (2) is a class B misdemeanor [and shall be].
4101          (4) In addition to the penalty under Subsection (3), an actor is liable to the person
4102     whose property, credits, money, or earnings are attached for:
4103          (a) double the value of the attached property[, together with];
4104          (b) all costs paid by [him,] the person; and
4105          (c) all damages incurred in the attachment proceedings.
4106          Section 109. Section 76-8-604 is enacted to read:
4107          76-8-604. Wrongful inducement to receive writ of attachment.
4108          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4109          (2) An actor commits wrongful inducement to receive writ of attachment if the actor:
4110          (a) is:
4111          (i) a party to an action, suit, or proceeding;
4112          (ii) an agent of a party to an action, suit, or proceeding; or
4113          (iii) an attorney of a party to an action, suit, or proceeding; and
4114          (b) advises, induces, or procures the issuance of a writ of attachment in the action, suit
4115     or proceeding:
4116          (i) before the affidavit is filed; or
4117          (ii) in which the affidavit filed does not conform substantially with the requirements of

4118     Rule 64C of the Utah Rules of Civil Procedure.
4119          (3) A violation of Subsection (2) is a class B misdemeanor.
4120          (4) In addition to the penalty under Subsection (3), an actor is liable to the person
4121     whose property, credits, money, or earnings are attached for:
4122          (a) double the value of the attached property;
4123          (b) all costs paid by the person; and
4124          (c) all damages incurred in the attachment proceedings.
4125          Section 110. Section 76-8-703 is amended to read:
4126          76-8-703. Criminal trespass upon an institution of higher education.
4127          (1) (a) As used in this section:
4128          (i) "Chief administrative officer" means the same as that term is defined in Section
4129     53B-20-107.
4130          (ii) "Enters" means intrusion of the entire body.
4131          (iii) "Institution of higher education" means the same as that term is defined in Section
4132     53B-20-107.
4133          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4134          (2) An actor commits criminal trespass upon an institution of higher education if the
4135     actor enters or remains on property that is owned, operated, or controlled by an institution of
4136     higher education:
4137          (a) after being ordered to leave by the chief administrative officer; or
4138          (b) without authorization if notice against entry or remaining has been given by:
4139          (i) personal communication to the person by the chief administrative officer or a person
4140     with apparent authority to act for the institution of higher education;
4141          (ii) the posting of signs reasonably likely to come to the attention of a trespasser;
4142          (iii) fencing or other enclosure obviously designed to exclude a trespasser; or
4143          (iv) a current order of suspension or expulsion.
4144          (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
4145     B misdemeanor.
4146          (b) A violation of Subsection (2) is a class A misdemeanor if the actor has previously
4147     been convicted two or more times of a violation of Subsection (2).
4148          [(a) A chief administrative officer may order a person to leave property that is owned,

4149     operated, or controlled by an institution of higher education if the person:]
4150          [(i) acts or if the chief administrative officer has reasonable cause to believe that the
4151     person intends to act to:]
4152          [(A) cause injury to a person;]
4153          [(B) cause damage to property;]
4154          [(C) commit a crime;]
4155          [(D) interfere with the peaceful conduct of the activities of the institution;]
4156          [(E) violate any rule or regulation of the institution if that rule or regulation is not in
4157     conflict with state law; or]
4158          [(F) disrupt the institution, its pupils, or the institution's activities; or]
4159          [(ii) is reckless as to whether the person's actions will cause fear for the safety of
4160     another.]
4161          [(b) A person is guilty of criminal trespass upon an institution of higher education if
4162     the person enters or remains on property that is owned, operated, or controlled by an institution
4163     of higher education after being ordered to leave under Subsection (1)(a).]
4164          [(c)] (4) The mere carrying or possession of a firearm on the campus of a state
4165     institution of higher education, as defined in Section 53B-3-102, does not warrant an order to
4166     leave under Subsection [(1)(a) if the person] (2)(a) if the individual carrying or possessing the
4167     firearm is otherwise complying with all state laws regulating the possession and use of a
4168     firearm.
4169          [(2) A person is guilty of criminal trespass upon an institution of higher education if
4170     the person enters or remains without authorization upon property that is owned, operated, or
4171     controlled by an institution of higher education if notice against entry or remaining has been
4172     given by:]
4173          [(a) personal communication to the person by the chief administrative officer or a
4174     person with apparent authority to act for the institution;]
4175          [(b) the posting of signs reasonably likely to come to the attention of trespassers;]
4176          [(c) fencing or other enclosure obviously designed to exclude trespassers; or]
4177          [(d) a current order of suspension or expulsion.]
4178          [(3)] (5) If an employee or student of an institution of higher education is ordered to
4179     leave under Subsection [(1)] (2)(a) or receives a notice against entry or remaining under

4180     Subsection [(2)] (2)(b), the institution of higher education shall afford the employee or student
4181     the process required by the institution of higher education's rules and regulations.
4182          [(4) A person who violates this section shall be punished as provided in Section
4183     76-8-717.]
4184          Section 111. Section 76-8-705 is amended to read:
4185          76-8-705. Willful interference with lawful activities of students or faculty.
4186          (1) (a) As used in this section, "institution" means the same as that term is defined in
4187     Section 53B-20-107.
4188          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4189          (2) [A person is guilty of a class C misdemeanor if,] An actor commits willful
4190     interference with lawful activities of students or faculty if the actor, while on property that is
4191     owned, operated, or controlled by an institution [of higher education, the person], willfully:
4192          [(1)] (a) denies to a student, school official, employee, or invitee lawful:
4193          [(a)] (i) freedom of movement;
4194          [(b)] (ii) use of the property or facilities; or
4195          [(c)] (iii) ingress or egress to the institution's physical facilities;
4196          [(2)] (b) impedes a faculty or staff member of the institution in the lawful performance
4197     of the member's duties; or
4198          [(3)] (c) impedes a student of the institution in the lawful pursuit of the student's
4199     educational activities.
4200          (3) A violation of Subsection (2) is a class C misdemeanor.
4201          Section 112. Section 76-8-802 is amended to read:
4202          76-8-802. Destruction of property to interfere with preparations for defense or
4203     war.
4204          [Whoever]
4205          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4206          (2) An actor commits destruction of property to interfere with preparations for defense
4207     or war if the actor:
4208          (a) intentionally destroys, impairs, injures, interferes, or tampers with real or personal
4209     property; and
4210          (b) [with] has reasonable grounds to believe that the [act] actor's conduct under

4211     Subsection (2)(a) will hinder, delay, or interfere with the preparation of the United States [or of
4212     any of the states] government or of a state government for defense or for war, or with the
4213     prosecution of war by the United States[, shall be guilty of a felony of the second degree]
4214     government.
4215          (3) A violation of Subsection (2) is a second degree felony.
4216          (4) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4217     conduct under Subsection (2) or the name of the actor may not be made public.
4218          Section 113. Section 76-8-803 is amended to read:
4219          76-8-803. Causing or omitting to note defects in articles used in preparation for
4220     defense or war.
4221          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4222          (2) [Whoever] An actor commits causing or omitting to note defects in articles used in
4223     preparation for defense or war if the actor:
4224          (a) intentionally makes or causes to be made or omits to note on inspection [any] a
4225     defect in [any] an article or thing; and
4226          (b) [with] has reasonable grounds to believe that the article or thing is intended to be
4227     used in connection with the preparation of the United States [or any of the states] government
4228     or of a state government for defense or for war, or for the prosecution of war by the United
4229     States[, or that the article or thing is one of a number of similar articles or things, some of
4230     which are intended so to be used, shall be guilty of a felony of the third degree.] government.
4231          (3) A violation of Subsection (2) is a third degree felony.
4232          (4) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4233     conduct under Subsection (2) or the name of the actor may not be made public.
4234          Section 114. Section 76-8-804 is amended to read:
4235          76-8-804. Attempts to commit crimes of sabotage.
4236          [Whoever attempts to commit any of the crimes defined by this part shall be punishable
4237     for the attempt as prescribed in Section 76-4-102. In addition to the acts which constitute an
4238     attempt to commit crime under the law of this state, the solicitation or incitement of another to
4239     commit any of the crimes defined by this part not allowed by the commission of the crime, the
4240     collection or assemblage of any materials with the intent that they are to be used then or at a
4241     later time in the commission of the crime, or the entry, with or without permission, of a

4242     building, enclosure or other premises of another with the intent to commit any such crime
4243     therein or thereon shall constitute an attempt to commit the crime.]
4244          (1) (a) An actor that attempts to commit a crime under this part is punishable for the
4245     attempt as prescribed in Section 76-4-102.
4246          (b) In addition to the acts that constitute an attempt to commit a crime under the law of
4247     this state, an actor's conduct constitutes an attempt to commit a crime under this part if the
4248     actor:
4249          (i) solicits or incites another individual to commit a crime under this part;
4250          (ii) collects or assembles materials with the intent to use the materials to commit a
4251     crime under this part; or
4252          (iii) enters, with or without permission, a building, enclosure, or other premises
4253     intending to commit a crime under this part.
4254          (2) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4255     conduct under this section or the name of the actor may not be made public.
4256          Section 115. Section 76-8-805 is amended to read:
4257          76-8-805. Conspiracy to commit crimes of sabotage.
4258          (1) (a) If two or more [persons] actors conspire to commit [any crime defined by] a
4259     crime under this part and regardless of whether an additional act is done in furtherance of the
4260     conspiracy, each [of the persons] actor:
4261          (i) is guilty of conspiracy in accordance with Section 76-4-201; and
4262          (ii) notwithstanding Section 76-4-202, is subject to the same punishment as if [he] the
4263     actor had committed the crime [which he] that the actor conspired to commit[, whether or not
4264     any act be done in furtherance of the conspiracy. It shall not constitute any]
4265          (b) It is not a defense or ground of suspension of judgment, sentence, or punishment
4266     [on behalf of any person prosecuted] under this section that [any of his] an actor's fellow
4267     conspirators [has] have been acquitted, [has] have not been arrested or convicted, or [is] are
4268     amenable to justice or [has] have been pardoned or otherwise discharged before or after a
4269     conviction.
4270          (2) Prior to the filing of a formal criminal complaint, evidence of an alleged actor's
4271     conduct under Subsection (1)(a) or the name of the actor may not be made public.
4272          Section 116. Section 76-8-807 is amended to read:

4273          76-8-807. Trespassing at a war or defense facility.
4274          [(1) Any individual, partnership, association, corporation, municipal corporation, or
4275     state or any political subdivision thereof engaged in, or preparing to engage in, the
4276     manufacture, transportation or storage of any product to be used in the preparation of the
4277     United States or of any of the states for defense or for war or in the prosecution of war by the
4278     United States, or the manufacture, transportation, distribution or storage of gas, oil, coal,
4279     electricity or water, or any natural or artificial persons operating any public utility, whose
4280     property, except where it fronts on water or where there are entrances for railway cars, vehicles,
4281     persons, or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post
4282     around his or its property at each gate, entrance, dock, or railway entrance and every one
4283     hundred feet of water front a sign reading "No Entry Without Permission." The sign shall also
4284     designate a point of entrance or place where application may be made for permission to enter,
4285     and permission shall not be denied to any loyal citizen who has a valid right to enter.]
4286          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4287          (2) An actor commits trespassing at a war or defense facility if:
4288          (a) the actor intentionally enters a facility engaged in, or preparing to engage in, the
4289     manufacture, transportation, or storage of a product to be used in the preparation of the United
4290     States government or of a state government for defense or for war or in the prosecution of war
4291     by the United States government;
4292          (b) the actor does not have permission from the owner of the facility to enter; and
4293          (c) the facility has posted signs reading "No Entry Without Permission."
4294          [(2)] (3) [Any person willfully entering property enumerated in Subsection (1), without
4295     permission of the owner, shall be guilty of] A violation of Subsection (2) is a class C
4296     misdemeanor.
4297          (4) (a) A peace officer or individual employed as a watchman, a guard, or in a
4298     supervisory capacity on the premises of a facility under this section may stop an individual
4299     found on the premises and detain the individual for the purpose of demanding the individual's
4300     name, address, and reason for being on the premises.
4301          (b) If the peace officer or individual employed as a watchman, a guard, or in a
4302     supervisory capacity on the premises of a facility under this section has reason to believe that
4303     an individual stopped on the facility's premises has no right to be there, the peace officer or

4304     employee may:
4305          (i) release the individual; or
4306          (ii) arrest the individual without a warrant on the charge of violating this section.
4307          Section 117. Section 76-8-809 is amended to read:
4308          76-8-809. Closing or restricting use of highways abutting defense or war facilities
4309     -- Posting of notices.
4310          [Any individual, partnership, association, corporation, municipal corporation or state or
4311     any political subdivision thereof engaged in or preparing to engage in the manufacture,
4312     transportation or storage of any product to be used in the preparation of the United States or
4313     any of the states for defense or for war or in the prosecution of war by the United States, or in
4314     the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or
4315     any of said natural or artificial persons operating any public utility who has property so used
4316     which he or it believes will be endangered if public use and travel is not restricted or prohibited
4317     on one or more highways or parts thereof upon which the property abuts, may petition the
4318     highway commissioners of any city, town, or county to close one or more of the highways or
4319     parts thereof to public use and travel or to restrict by order the use and travel upon one or more
4320     of the highways or parts thereof.]
4321          [Upon receipt of the petition, the highway commissioners shall set a day for hearing and
4322     give notice of the hearing, as a class A notice under Section 63G-30-102, for the city, town, or
4323     county, for at least seven days before the day of the hearing. If, after hearing, the highway
4324     commissioners determine that the public safety and the safety of the property of the petitioner
4325     so require, they shall by suitable order close to public use and travel or reasonably restrict the
4326     use of and travel upon one or more of the highways or parts thereof; provided the highway
4327     commissioners may issue written permits to travel over the highway so closed or restricted to
4328     responsible and reputable persons for a term, under conditions and in a form as the
4329     commissioners may prescribe. Appropriate notices in letters at least three inches high shall be
4330     posted conspicuously at each end of any highway so closed or restricted by an order. The
4331     highway commissioners may at any time revoke or modify any order so made].
4332          (1) As used in this section:
4333          (a) "Highway" means a place used for travel to or from property, including a private or
4334     public street or way.

4335          (b) "Highway commissioner" means an individual, a board, or other body having
4336     authority to restrict or close the highway to public use and travel.
4337          (c) "Public utility" means a system owned or operated for public use, including:
4338          (i) a pipeline system;
4339          (ii) a system for gas, electric, heat, water, oil, sewer, telephone, telegraph, radio,
4340     railway, or transportation communication;
4341          (iii) a railroad; or
4342          (iv) an airplane.
4343          (2) An individual, a partnership, an association, a corporation, a municipal corporation,
4344     the state, or a political subdivision of the state, may petition the highway commissioner of a
4345     city, town, or county to close or restrict travel upon a highway if the individual, partnership,
4346     association, corporation, municipal corporation, state, or political subdivision is:
4347          (a) engaged in or preparing to engage in the manufacture, transportation, or storage of a
4348     product to be used in the preparation of the United States government or a state government for
4349     defense, for war, or in the prosecution of war by the United States government; or
4350          (b) (i) (A) manufacturing, transporting, distributing, or storing gas, oil, coal, electricity,
4351     or water; or
4352          (B) operating a public utility; and
4353          (ii) believes the gas, oil, electricity, water, or public utility will be endangered if public
4354     use and travel is not restricted or prohibited on a highway abutting the property involved in
4355     operating the public utility or manufacturing, transporting, distributing, or storing the gas, oil,
4356     coal, electricity, or water.
4357          (3) Upon receiving a petition described in Subsection (2), the highway commissioner
4358     shall set a day for a public hearing and give notice of the hearing at least seven days before the
4359     day on which the hearing will be held, as a class A notice under Section 63G-30-102, for the
4360     city, town, or county.
4361          (4) (a) Subject to Subsection (5), after holding the hearing described in Subsection (3),
4362     the highway commissioner may, after determining that public safety and the safety of the
4363     property of the petitioner require the closure or restricted use of the highway, issue an order to:
4364          (i) close the highway to all public use and travel; or
4365          (ii) reasonably restrict travel on the highway for the safety of the petitioner's property.

4366          (b) Visible notices at least three inches tall detailing the closure or restriction shall be
4367     posted at each end of a highway closed or restricted under this Subsection (4).
4368          (5) A highway commissioner issuing an order under Subsection (4) may issue a permit
4369     to a responsible and reputable individual to travel on a closed or restricted highway under
4370     conditions set by the highway commissioner.
4371          Section 118. Section 76-8-810 is amended to read:
4372          76-8-810. Violation of an order closing or restricting a highway.
4373          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-809 apply to this
4374     section.
4375          (2) An actor commits violation of an order closing or restricting a highway if the actor
4376     violates an order issued by a highway commissioner closing or restricting a highway under
4377     Section 76-8-809.
4378          (3) [Whoever violates any order made under the immediate preceding section shall be
4379     guilty of] A violation of Subsection (2) is a class C misdemeanor.
4380          Section 119. Section 76-8-811 is amended to read:
4381          76-8-811. Bargaining rights of employees not impaired by sabotage prevention
4382     laws.
4383          Nothing in this part shall be construed to impair, curtail, or destroy the rights of
4384     employees and [their] the employees' representatives to self organize, to form, join, or assist
4385     labor organizations, to bargain collectively through representatives of [their] the employees'
4386     own choosing, and to engage in concerted activities, for the purpose of collective bargaining or
4387     other mutual aid or protection as provided by state or federal laws.
4388          Section 120. Section 76-8-901 is amended to read:
4389          76-8-901. Definitions.
4390          [For the purpose of] As used in this part:
4391          (1) "Criminal syndicalism" [is] means the doctrine [which] that advocates crime,
4392     violence, force, arson, destruction of property, sabotage, or other unlawful acts or methods, as a
4393     means of accomplishing or effecting industrial or political ends, or as a means of effecting
4394     industrial or political revolution.
4395          (2) "Sabotage" means the unlawful and intentional damage or injury to, or destruction
4396     of, real or personal property, [in any form whatsoever, of any] of an employer or owner by [his

4397     employees, or by any employer, or by any person at the instance of any employer, or at the
4398     instance, request, or instigation of employees, or any other person] an individual.
4399          Section 121. Section 76-8-902 is amended to read:
4400          76-8-902. Advocating criminal syndicalism or sabotage.
4401          [Any person who by word of mouth or writing advocates, suggests, or teaches the duty,
4402     necessity, propriety, or expediency of crime, criminal syndicalism or sabotage, or who
4403     advocates, suggests or teaches the duty, necessity, propriety, or expediency or doing any act of
4404     violence, the destruction of or damage to any property, the bodily injury to any person, or the
4405     commission of any crime or unlawful act as a means of accomplishing or effecting any
4406     industrial or political ends, change or revolution, or who prints, publishes, edits, or issues, or
4407     knowingly circulates, sells, or distributes, or publicly displays, any books, pamphlets, paper,
4408     handbill, poster, document, or written or printed matter in any form whatsoever, containing,
4409     advocating, advising, suggesting, or teaching crime, criminal syndicalism, sabotage, the doing
4410     of any act of violence, the destruction of or damage to any property, the injury to any person, or
4411     the commission of any crime or unlawful act, as a means of accomplishing, effecting, or
4412     bringing about any industrial or political ends or change, or as a means of accomplishing,
4413     effecting, or bringing about any industrial or political revolution, or who openly or at all
4414     attempts to justify by word of mouth or writing the commission or the attempt to commit
4415     sabotage, any act of violence, the destruction of or damage to any property, the injury of any
4416     person, or the commission of any crime or unlawful act, with the intent to exemplify, spread, or
4417     teach or suggest criminal syndicalism, or organizes, or helps to organize, or becomes a member
4418     of, or voluntarily assembles with, any society or assemblage of persons formed to teach or
4419     advocate, or which teaches, advocates, or suggests the doctrine of criminal syndicalism or
4420     sabotage, or the necessity, propriety, or expediency of doing any act of violence or the
4421     commission of any crime or unlawful act as a means of accomplishing or effecting any
4422     industrial or political ends, change or revolution, is guilty of a felony of the third degree].
4423          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-901 apply to this
4424     section.
4425          (2) An actor commits advocating criminal syndicalism or sabotage if the actor:
4426          (a) advocates, suggests, or teaches the duty, necessity, propriety, or expediency of
4427     crime, criminal syndicalism, or sabotage;

4428          (b) as a means of accomplishing or effecting industrial or political ends, change, or
4429     revolution:
4430          (i) advocates, suggests, or teaches the duty, necessity, propriety, or expediency of
4431     performing an act of violence, destroying or damaging property, causing bodily injury to an
4432     individual, or committing a crime or unlawful act;
4433          (ii) prints, publishes, edits, or issues, or knowingly circulates, sells, distributes, or
4434     publicly displays a book, pamphlet, paper, handbill, poster, document, or written or printed
4435     matter in any form, containing, advocating, advising, suggesting, or teaching crime, criminal
4436     syndicalism, sabotage, performing an act of violence, the destruction of or damage to property,
4437     the injury to an individual, or the commission of a crime or unlawful act; or
4438          (iii) organizes or becomes a member of, or voluntarily assembles with, a society or
4439     assemblage of individuals formed to teach or advocate the doctrine of criminal syndicalism or
4440     sabotage, or the necessity, propriety, or expediency of doing an act of violence or the
4441     commission of a crime or unlawful act; or
4442          (c) with the intent to exemplify, spread, or teach or suggest criminal syndicalism,
4443     attempts to justify sabotage, an act of violence, the destruction of or damage to property, the
4444     injury of an individual, or the commission of a crime or unlawful act.
4445          (3) A violation of Subsection (2) is a third degree felony.
4446          Section 122. Section 76-8-903 is amended to read:
4447          76-8-903. Assembling for advocating criminal syndicalism or sabotage.
4448          [The assembly or consorting of two or more persons]
4449          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-901 apply to this
4450     section.
4451          (2) An actor commits assembling for advocating criminal syndicalism or sabotage if
4452     the actor, as a means of accomplishing or effecting industrial or political ends, change, or
4453     revolution:
4454          (a) assembles with two or more individuals; and
4455          (b) assembles for the purpose of advocating, teaching, or suggesting:
4456          (i) the doctrine of criminal syndicalism[, or to advocate, teach, suggest or encourage
4457     sabotage, or]; or
4458          (ii) the duty, necessity, propriety, or expediency of [doing any] performing an act of

4459     violence, [the destruction of or damage to any] destroying or damaging property, [the] causing
4460     bodily injury to [any person, or the commission of any] an individual, or committing a crime or
4461     unlawful act [as a means of accomplishing or effecting any industrial or political ends, change
4462     or revolution, is hereby declared unlawful, and every person voluntarily participating therein,
4463     or by his presence aiding and instigating the same is guilty of a felony of the third degree].
4464          (3) A violation of Subsection (2) is a third degree felony.
4465          Section 123. Section 76-8-904 is amended to read:
4466          76-8-904. Permitting the use of property for assembly advocating criminal
4467     syndicalism or sabotage.
4468          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-901 apply to this
4469     section.
4470          (2) An actor commits permitting the use of property for assembly advocating criminal
4471     syndicalism or sabotage if the actor:
4472          (a) [The] is an owner, lessee, agent, superintendent, or [person] individual in charge or
4473     occupation of [any] a place, building, room, or structure[, who]; and
4474          (b) knowingly permits [therein any] assembly or consorting of [persons] individuals
4475     prohibited [by the provisions of] under Section 76-8-903[, or who after notification that the
4476     place or premises, or any part thereof, is so used, permits such use to be continued, is guilty of
4477     a class B misdemeanor].
4478          (3) A violation of Subsection (2) is a class B misdemeanor.
4479          Section 124. Section 76-8-1201 is amended to read:
4480          76-8-1201. Definitions.
4481          As used in this part:
4482          (1) "Client" means a person who receives or has received public assistance.
4483          (2) "Overpayment" [has the same meaning as] means the same as that term is defined
4484     in Section 35A-3-102.
4485          (3) "Provider" [has the same meaning as defined in Section 26B-9-101] means a person
4486     or entity that receives compensation from any public assistance program for goods or services
4487     provided to a public assistance recipient.
4488          (4) "Public assistance" [has the same meaning as] means the same as that term is
4489     defined in Section 35A-1-102.

4490          Section 125. Section 76-8-1203 is amended to read:
4491          76-8-1203. Required disclosures by an applicant, a recipient, or a provider of
4492     public assistance.
4493          (1) [Each person] An individual who is 18 years old or older and applies for public
4494     assistance, or who is 18 years old or older and currently receives public assistance, shall
4495     disclose to the state agency administering the public assistance each fact that may materially
4496     affect the [determination of the person's] individual's eligibility to receive or continue to
4497     receive public assistance, including the [person's] individual's current:
4498          (a) marital status;
4499          (b) household composition;
4500          (c) employment;
4501          (d) earned and unearned income, as defined by rule;
4502          (e) receipt of monetary and in-kind gifts that may affect the [person's] individual's
4503     eligibility;
4504          (f) assets that may affect the [person's] individual's eligibility; and
4505          (g) any other material fact or change in circumstance that may affect the determination
4506     of [that person's] the individual's eligibility to receive public assistance benefits, or may affect
4507     the amount of benefits for which the [person] individual is eligible.
4508          [(2) A person applying for public assistance who intentionally, knowingly, or
4509     recklessly fails to disclose a material fact required to be disclosed under Subsection (1) is guilty
4510     of public assistance fraud as provided in Section 76-8-1206.]
4511          [(3) With the exception of a client receiving public assistance from the Department of
4512     Workforce Services or the Department of Health, a client who intentionally, knowingly, or
4513     recklessly fails to disclose to the state agency administering the public assistance a change in a
4514     material fact required to be disclosed under Subsection (1), within 10 days after the date of the
4515     change, is guilty of public assistance fraud as provided in Section 76-8-1206.]
4516          [(4) A client who intentionally, knowingly, or recklessly fails to disclose to the
4517     Department of Workforce Services or the Department of Health at the time of a review or
4518     recertification, whichever comes first, a change in a material fact required to be disclosed under
4519     Subsection (1) is guilty of public assistance fraud as provided in Section 76-8-1206.]
4520          (2) (a) Subject to Subsection (2)(b), a provider that solicits, requests, or receives,

4521     actually or constructively, a payment or contribution in the form of an assessment, a payment, a
4522     gift, a devise, a bequest, or other means, directly or indirectly, from a client or client's family
4523     shall:
4524          (i) notify the state agency administering the public assistance to the client of the
4525     amount of the payment or contribution the provider received from the client or the client's
4526     family; and
4527          (ii) provide the notification to the state agency in writing within 10 days after the day
4528     on which the payment or contribution was received.
4529          (b) If the payment or contribution described in Subsection (2)(a) is made under an
4530     agreement, written or oral, the provider shall notify the state agency administering the public
4531     assistance to the client of the payment or contribution within 10 days after the day on which the
4532     provider entered into the agreement.
4533          (3) An actor may be charged under Section 76-8-1203.1, 76-8-1203.3, or 76-8-1203.5
4534     for failing to provide information required under this section.
4535          Section 126. Section 76-8-1203.1 is enacted to read:
4536          76-8-1203.1. Public assistance fraud by an applicant for public assistance.
4537          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4538     section.
4539          (2) An actor commits public assistance fraud by an applicant for public assistance if the
4540     actor intentionally, knowingly, or recklessly:
4541          (a) applies for public assistance; and
4542          (b) fails to disclose a material fact required to be disclosed under Subsection
4543     76-8-1203(1).
4544          (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4545     payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4546          (a) a second degree felony if the value is or exceeds $5,000;
4547          (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4548          (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4549          (d) a class B misdemeanor if the value is less than $500.
4550          (4) It is not a defense to prosecution under this section that the actor repaid the funds or
4551     benefits obtained in violation of this section.

4552          (5) (a) In determining the value of payments, assistance, or other benefits received to
4553     determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4554     by aggregating the values of each instance of public assistance fraud committed by the actor as
4555     part of the same facts and circumstances or a related series of facts and circumstances.
4556          (b) The value of a benefit received by an individual is the ordinary or usual charge for
4557     similar benefits in the private sector.
4558          (6) The provisions of Section 35A-1-503 apply to a prosecution brought under this
4559     section.
4560          Section 127. Section 76-8-1203.3 is enacted to read:
4561          76-8-1203.3. Public assistance fraud by a recipient of public assistance.
4562          (1) (a) As used in this section, "SNAP benefit" means the same as that term is defined
4563     in Section 35A-1-102.
4564          (b) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4565     section.
4566          (2) An actor commits public assistance fraud by a recipient of public assistance if the
4567     actor:
4568          (a) (i) except as provided in Subsection (2)(b), is receiving public assistance
4569     administered by a state agency; and
4570          (ii) intentionally, knowingly, or recklessly fails to disclose to the state agency
4571     administering the public assistance to the actor of a change of a material fact required to be
4572     disclosed under Subsection 76-8-1203(1) within 10 days after the day on which the change
4573     occurred;
4574          (b) (i) is receiving public assistance from the Department of Workforce Services or the
4575     Department of Health and Human Services; and
4576          (ii) at the time of a review or recertification, whichever comes first, intentionally,
4577     knowingly, or recklessly fails to disclose a change of a material fact required to be disclosed
4578     under Subsection 76-8-1203(1);
4579          (c) in a manner not allowed by law, intentionally, knowingly, or recklessly uses,
4580     transfers, acquires, traffics in, falsifies, or possesses:
4581          (i) SNAP benefits;
4582          (ii) a SNAP benefit identification card;

4583          (iii) a certificate of eligibility for medical services;
4584          (iv) a Medicaid identification card;
4585          (v) a fund transfer instrument;
4586          (vi) a payment instrument; or
4587          (vii) a public assistance warrant;
4588          (d) (i) is receiving public assistance;
4589          (ii) acquires income or resources in excess of the amount the actor previously reported
4590     to the state agency administering the public assistance to the actor; and
4591          (iii) fails to notify the state agency to which the actor previously reported within 10
4592     days after the day on which the actor acquired the excess income or resources;
4593          (e) (i) fails to disclose a material fact required to be disclosed under Subsection
4594     76-8-1203(1) or notify a state agency under Subsection 76-8-1203(2); and
4595          (ii) (A) intends to obtain or help another individual obtain an overpayment; or
4596          (B) obtains an overpayment, unauthorized payment, or benefit; or
4597          (f) receives an unauthorized payment or benefit as a result of unlawful acts described in
4598     this section, Section 76-8-1203.3, Section 76-8-1203.5, or Section 76-8-1203.7.
4599          (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4600     payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4601          (a) a second degree felony if the value is or exceeds $5,000;
4602          (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4603          (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4604          (d) a class B misdemeanor if the value is less than $500.
4605          (4) It is not a defense to prosecution under this section that the actor repaid the funds or
4606     benefits obtained in violation of this section.
4607          (5) (a) In determining the value of payments, assistance, or other benefits received to
4608     determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4609     by aggregating the values of each instance of public assistance fraud committed by the actor as
4610     part of the same facts and circumstances or a related series of facts and circumstances.
4611          (b) The value of a benefit received by an individual is the ordinary or usual charge for
4612     similar benefits in the private sector.
4613          (6) The provisions of Section 35A-1-503 apply to a prosecution brought under this

4614     section.
4615          (7) Incidents of trafficking in SNAP benefits that occur within a six-month period,
4616     committed by an individual or coconspirators, are deemed to be a related series of facts and
4617     circumstances regardless of whether the transactions are conducted with a variety of unrelated
4618     parties.
4619          Section 128. Section 76-8-1203.5 is enacted to read:
4620          76-8-1203.5. Public assistance fraud by a provider.
4621          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4622     section.
4623          (2) An actor commits public assistance fraud by a provider if the actor:
4624          (a) is a provider; and
4625          (b) intentionally, knowingly, or recklessly:
4626          (i) receives a payment after failing to comply with the requirements in Subsection
4627     76-8-1203(1) or 76-8-1203(2);
4628          (ii) files a claim for payment under a state or federally funded public assistance
4629     program for goods or services not provided to or for a client under that program;
4630          (iii) files or falsifies a claim, report, or document required by a state or federal law, a
4631     rule, or a provider agreement for goods or services not authorized under the state or federally
4632     funded public assistance program for which the goods or services were provided;
4633          (iv) fails to credit the state for payments received from other sources;
4634          (v) bills a client, or the client's family, for:
4635          (A) goods or services not provided; or
4636          (B) an amount greater than that allowed by law or rule; or
4637          (vi) fails to comply with the notification requirements under Subsection 76-8-1203(2).
4638          (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4639     payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4640          (a) a second degree felony if the value is or exceeds $5,000;
4641          (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4642          (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4643          (d) a class B misdemeanor if the value is less than $500.
4644          (4) It is not a defense to prosecution under this section that the actor repaid the funds or

4645     benefits obtained in violation of this section.
4646          (5) (a) In determining the value of payments, assistance, or other benefits received to
4647     determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4648     by aggregating the values of each instance of public assistance fraud committed by the actor as
4649     part of the same facts and circumstances or a related series of facts and circumstances.
4650          (b) The value of a benefit received by an individual is the ordinary or usual charge for
4651     similar benefits in the private sector.
4652          (6) This section does not apply to offenses by providers under the state's Medicaid
4653     program that are actionable under Title 26B, Chapter 3, Part 11, Utah False Claims Act.
4654          (7) The provisions of Section 35A-1-503 apply to a prosecution brought under this
4655     section.
4656          Section 129. Section 76-8-1203.7 is enacted to read:
4657          76-8-1203.7. Fraudulently misappropriating public assistance funds.
4658          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-1201 apply to this
4659     section.
4660          (2) An actor commits fraudulently misappropriating public assistance funds if the
4661     actor:
4662          (a) (i) is an administrator of a state or federally funded public assistance program; and
4663          (ii) while performing the actor's duties as an administrator, intentionally, knowingly, or
4664     recklessly fraudulently misappropriates funds exchanged for:
4665          (A) SNAP benefits;
4666          (B) an identification card;
4667          (C) a certificate of eligibility for medical services;
4668          (D) a Medicaid identification card; or
4669          (E) other public assistance the actor has been entrusted with or that has come into the
4670     actor's possession as a result of the actor's duties; or
4671          (b) (i) is an individual entrusted with:
4672          (A) SNAP benefits;
4673          (B) an identification card;
4674          (C) a certificate of eligibility for medical services;
4675          (D) a Medicaid identification card; or

4676          (E) other public assistance with which the individual has been entrusted; and
4677          (ii) intentionally, knowingly, or recklessly fraudulently misappropriates funds
4678     exchanged for a benefit described in Subsection (2)(b)(i) with which the individual has been
4679     entrusted.
4680          (3) Subject to Subsection (5), a violation of Subsection (2) is, based on the value of
4681     payments, assistance, or other benefits received, misappropriated, claimed, or applied:
4682          (a) a second degree felony if the value is or exceeds $5,000;
4683          (b) a third degree felony if the value is or exceeds $1,500 but is less than $5,000;
4684          (c) a class A misdemeanor if the value is or exceeds $500 but is less than $1,500; or
4685          (d) a class B misdemeanor if the value is less than $500.
4686          (4) It is not a defense to prosecution under this section that the actor repaid the funds or
4687     benefits obtained in violation of this section.
4688          (5) (a) In determining the value of payments, assistance, or other benefits received to
4689     determine the penalty level of an actor's conduct under Subsection (3), the value is calculated
4690     by aggregating the values of each instance of public assistance fraud committed by the actor as
4691     part of the same facts and circumstances or a related series of facts and circumstances.
4692          (b) The value of a benefit received by an individual is the ordinary or usual charge for
4693     similar benefits in the private sector.
4694          (6) The provisions of Section 35A-1-503 apply to a prosecution brought under this
4695     section.
4696          Section 130. Section 76-8-1207 is amended to read:
4697          76-8-1207. Evidence in criminal actions for public assistance fraud.
4698          In [any] a criminal action [pursuant to] under this part:
4699          (1) a paid state warrant made to the order of [a party] an individual or a payment made
4700     through an electronic benefit card issued to [a party] an individual constitutes prima facie
4701     evidence that the [party] individual received financial assistance from the state; and
4702          (2) all of the records in the custody of the [department] state agency administering
4703     public assistance relating to the application for, verification of, issuance of, receipt of, and use
4704     of public assistance constitute records of regularly conducted activity within the meaning of the
4705     exceptions to the hearsay rule of evidence[;].
4706          [(3) the value of the benefits received shall be based on the ordinary or usual charge for

4707     similar benefits in the private sector; and]
4708          [(4) the repayment of funds or other benefits obtained in violation of the provisions of
4709     this part constitutes no defense to, or ground for dismissal of, that action.]
4710          Section 131. Section 76-8-1301 is amended to read:
4711          76-8-1301. False statement to obtain or increase unemployment compensation.
4712          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4713          [(a) A person who makes a false statement or representation knowing it to be false or
4714     knowingly fails to disclose a material fact,]
4715          (2) An actor commits false statement to obtain or increase unemployment
4716     compensation if the actor, to obtain or increase a benefit or other payment under Title 35A,
4717     Chapter 4, Employment Security Act, or under the Unemployment Compensation Law of any
4718     state or of the federal government [for any person is guilty of unemployment insurance fraud.]:
4719          (a) makes a false statement or representation, knowing the representation is false; or
4720          (b) knowingly fails to disclose a material fact.
4721          [(b)] (3) (a) A violation of Subsection [(1)(a)] (2) is:
4722          (i) a class B misdemeanor [when] if the value of the money obtained or sought to be
4723     obtained is less than $500;
4724          (ii) a class A misdemeanor [when] if the value of the money obtained or sought to be
4725     obtained is or exceeds $500 but is less than $1,500;
4726          (iii) a third degree felony [when] if the value of the money obtained or sought to be
4727     obtained is or exceeds $1,500 but is less than $5,000; or
4728          (iv) a second degree felony [when] if the value of the money obtained or sought to be
4729     obtained is or exceeds $5,000.
4730          [(c)] (b) The determination of the degree of an offense under Subsection [(1)(b) shall
4731     be] (3)(a) is measured by the total value of all money obtained or sought to be obtained by the
4732     unlawful conduct.
4733          [(2) (a) An officer or agent of an employing unit as defined in Section 35A-4-202 or
4734     any other person who makes a false statement or representation knowing it to be false, or who
4735     knowingly fails to disclose a material fact, to prevent or reduce the payment of unemployment
4736     compensation benefits to an individual entitled to those benefits, or to avoid becoming or
4737     remaining a subject employer or to avoid or reduce any contribution or other payment required

4738     from an employing unit under Title 35A, Chapter 4, Employment Security Act, or under the
4739     Unemployment Compensation Law of any state or of the federal government, or who willfully
4740     fails or refuses to make a contribution or other payment or to furnish any report required in
4741     Title 35A, Chapter 4, Employment Security Act, or to produce or permit the inspection or
4742     copying of records as required under that chapter is guilty of unemployment insurance fraud.]
4743          [(b) A violation of Subsection (2)(a) is:]
4744          [(i) a class B misdemeanor when the value of the money obtained or sought to be
4745     obtained is less than $500;]
4746          [(ii) a class A misdemeanor when the value of the money obtained or sought to be
4747     obtained is or exceeds $500 but is less than $1,500;]
4748          [(iii) a third degree felony when the value of the money obtained or sought to be
4749     obtained is or exceeds $1,500 but is less than $5,000; or]
4750          [(iv) a second degree felony when the value of the money obtained or sought to be
4751     obtained is or exceeds $5,000.]
4752          [(3) (a) A person who willfully violates any provision of Title 35A, Chapter 4,
4753     Employment Security Act, or any order made under that chapter, the violation of which is made
4754     unlawful or the observance of which is required under the terms of that chapter, and for which
4755     a penalty is neither prescribed in that chapter nor provided by any other applicable statute is
4756     guilty of a class A misdemeanor.]
4757          [(b) Each day a violation of Subsection (3)(a) continues shall be a separate offense.]
4758          [(4) A person is guilty of a class C misdemeanor if:]
4759          [(a) as an employee of the Department of Workforce Services, in willful violation of
4760     Section 35A-4-312, the employee makes a disclosure of information obtained from an
4761     employing unit or individual in the administration of Title 35A, Chapter 4, Employment
4762     Security Act; or]
4763          [(b) the person has obtained a list of applicants for work or of claimants or recipients of
4764     benefits under Title 35A, Chapter 4, Employment Security Act, and uses or permits the use of
4765     the list for any political purpose.]
4766          Section 132. Section 76-8-1302 is enacted to read:
4767          76-8-1302. False statement to prevent or reduce unemployment compensation or
4768     liability.

4769          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4770          (2) An actor commits false statement to prevent or reduce unemployment
4771     compensation or liability if the actor, to prevent or reduce the payment of unemployment
4772     compensation benefits to an individual entitled to those benefits, or to avoid becoming or
4773     remaining a subject employer, or to avoid or reduce a contribution or other payment required
4774     from an employing unit under Title 35A, Chapter 4, Employment Security Act, or under the
4775     Unemployment Compensation Law of a state or of the federal government:
4776          (a) makes a false statement or representation, knowing the representation is false; or
4777          (b) knowingly fails to disclose a material fact.
4778          (3) A violation of Subsection (2) is:
4779          (a) a class B misdemeanor if the value of the money obtained or sought to be obtained
4780     is less than $500;
4781          (b) a class A misdemeanor if the value of the money obtained or sought to be obtained
4782     is or exceeds $500 but is less than $1,500;
4783          (c) a third degree felony if the value of the money obtained or sought to be obtained is
4784     or exceeds $1,500 but is less than $5,000; or
4785          (d) a second degree felony if the value of the money obtained or sought to be obtained
4786     is or exceeds $5,000.
4787          (4) An actor under this section may include an officer or agent of an employing unit as
4788     defined under Section 35A-4-202.
4789          Section 133. Section 76-8-1303 is enacted to read:
4790          76-8-1303. Unlawful failure to comply with Employment Security Act
4791     requirement.
4792          (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4793          (2) An actor commits unlawful failure to comply with Employment Security Act
4794     requirements if the actor willfully:
4795          (a) fails or refuses:
4796          (i) to make a contribution or other payment required under Title 35A, Chapter 4,
4797     Employment Security Act;
4798          (ii) to furnish a report required under Title 35A, Chapter 4, Employment Security Act;
4799     or

4800          (iii) to produce or permit the inspection or copying of records required under Title
4801     35A, Chapter 4, Employment Security Act; or
4802          (b) violates a provision of Title 35A, Chapter 4, Employment Security Act, or an order
4803     made under that chapter, for which the violation:
4804          (i) is made unlawful or the observance of which is required under the terms of Title
4805     35A, Chapter 4, Employment Security Act;
4806          (ii) does not have a prescribed penalty in Title 35A, Chapter 4, Employment Security
4807     Act, or another applicable statute; and
4808          (iii) is for conduct not described in Subsection (2)(a).
4809          (3) (a) A violation of Subsection (2)(a) is:
4810          (i) a class B misdemeanor if the value of the money obtained or sought to be obtained
4811     is less than $500;
4812          (ii) a class A misdemeanor if the value of the money obtained or sought to be obtained
4813     is or exceeds $500 but is less than $1,500;
4814          (iii) a third degree felony if the value of the money obtained or sought to be obtained is
4815     or exceeds $1,500 but is less than $5,000; or
4816          (iv) a second degree felony if the value of the money obtained or sought to be obtained
4817     is or exceeds $5,000.
4818          (b) A violation of Subsection (2)(b) is a class A misdemeanor.
4819          (4) An actor under this section may include an officer or agent of an employing unit as
4820     defined under Section 35A-4-202.
4821          Section 134. Section 76-8-1304 is enacted to read:
4822          76-8-1304. Unlawful use or disclosure of employment information.
4823          (1) (a) As used in this section, "employing unit" means the same as that term is defined
4824     in Section 35A-4-202.
4825          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4826          (2) An actor commits unlawful use or disclosure of employment information if the
4827     actor:
4828          (a) (i) is an employee of the Department of Workforce Services; and
4829          (ii) willfully violates Section 35A-4-312 by making a disclosure of information
4830     obtained from an employing unit or individual in the administration of Title 35A, Chapter 4,

4831     Employment Security Act; or
4832          (b) (i) obtains a list of applicants for work or of claimants or recipients of benefits
4833     under Title 35A, Chapter 4, Employment Security Act; and
4834          (ii) uses or permits the use of the list described in Subsection (2)(b)(i) for a political
4835     purpose.
4836          (3) A violation of Subsection (2) is a class C misdemeanor.
4837          Section 135. Section 76-8-1402 is amended to read:
4838          76-8-1402. Disruption of activity in or near school building.
4839          (1) (a) As used in this section:
4840          (i) (A) "Chief administrator" means the principal of a school or the chief administrator
4841     of a school that does not have a principal.
4842          (B) "Chief administrator" includes the chief administrator's designee or representative.
4843          (ii) "School" means a public or private kindergarten, elementary, or secondary school
4844     through grade 12.
4845          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4846          (2) In the absence of a local ordinance or other controlling law governing the conduct
4847     described in this Subsection [(1), a person is guilty of an offense under Subsection (2) who,]
4848     (2), an actor commits disruption of activity in or near school building if the actor, while on a
4849     street, sidewalk, or public way adjacent to [any] a school building or ground:
4850          (a) [by his or her presence or acts,] materially disrupts the peaceful conduct of school
4851     activities by the actor's presence or act; and
4852          (b) remains upon the place under Subsection [(1)(a)] (2)(a) after being asked to leave
4853     by the chief administrator of that school.
4854          [(2) (a) A violation of Subsection (1) is subject to the penalties under Subsection (2)(b)
4855     unless the violation constitutes another offense subject to a greater penalty.]
4856          [(b) (i) The]
4857          (3) (a) Except as provided under Subsection (4), a first [and] or second violation of
4858     Subsection [(1) are] (2) is a class B [misdemeanors] misdemeanor.
4859          [(ii) A third and any subsequent violations of Subsection (1) are class A
4860     misdemeanors]
4861          (b) Except as provided under Subsection (4), a third or subsequent violation of

4862     Subsection (2) is a class A misdemeanor.
4863          (4) If an actor's conduct violates Subsection (2) and the actor's conduct also amounts to
4864     a violation of another offense with a greater penalty, the offense with the greater penalty
4865     applies.
4866          Section 136. Section 76-8-1403 is amended to read:
4867          76-8-1403. Unlawful evasion of law enforcement by entering school property--
4868     Restitution.
4869          (1) (a) As used in this section:
4870          [(a)] (i) "School" means [any] a public or private kindergarten, elementary, or
4871     secondary school through grade 12, including all buildings and property of the school.
4872          [(b)] (ii) "School property" means real property:
4873          [(i)] (A) that is owned or occupied by a public or private school; or
4874          [(ii)] (B) [(A)] (I) that is temporarily occupied by students for a school-related activity
4875     or program; and
4876          [(B)] (II) regarding which, during the time the activity or program is being conducted,
4877     the main use of the real property is allocated to participants in the activity or program.
4878          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
4879          (2) [A person is guilty of the class A misdemeanor of evading] An actor commits
4880     unlawful evasion of law enforcement [while on] by entering school property[, if the person] if
4881     the actor enters onto school property when:
4882          (a) students are attending the school or students are participating in any school-related
4883     activity or program on school property; and
4884          (b) the [person] actor is in the act of fleeing or evading, or attempting to flee or evade,
4885     pursuit or apprehension by [any] a peace officer.
4886          (3) A violation of Subsection (2) is a class A misdemeanor.
4887          [(3)] (4) It is not a defense to a violation of this section that the [person] actor did not
4888     know that the [person] actor had entered onto school property.
4889          [(4)] (5) As a part of the sentence for violation of this section, the court shall order the
4890     [defendant] actor to reimburse the school for costs incurred by the school in responding to the
4891     [defendant's] actor's presence on the school property.
4892          [(5)] (6) The offense under this section [of evading law enforcement while on school

4893     property] is a separate offense from a violation of:
4894          (a) [Section 41-6a-210, regarding] failure to respond to [an] officer's signal to stop
4895     under Section 41-6a-210; or
4896          (b) [Section 76-8-305.5, regarding] failure to stop at the command of a peace officer
4897     under Section 76-8-305.5.
4898          Section 137. Section 76-9-802 is amended to read:
4899          76-9-802. Definitions.
4900          As used in this part:
4901          (1) "Criminal street gang" means an organization, association in fact, or group of three
4902     or more persons, whether operated formally or informally:
4903          (a) that is currently in operation;
4904          (b) that has as one of its primary activities the commission of one or more predicate
4905     gang crimes;
4906          (c) that has, as a group, an identifying name or identifying sign or symbol, or both; and
4907          (d) whose members, acting individually or in concert with other members, engage in or
4908     have engaged in a pattern of criminal gang activity.
4909          (2) "Intimidate" means the use of force, duress, violence, coercion, menace, or threat of
4910     harm for the purpose of causing an individual to act or refrain from acting.
4911          (3) "Minor" means a person younger than 18 years old.
4912          (4) "Pattern of criminal gang activity" means:
4913          (a) committing, attempting to commit, conspiring to commit, or soliciting the
4914     commission of two or more predicate gang crimes within five years;
4915          (b) the predicate gang crimes are:
4916          (i) committed by two or more persons; or
4917          (ii) committed by an individual at the direction of, or in association with a criminal
4918     street gang; and
4919          (c) the criminal activity was committed with the specific intent to promote, further, or
4920     assist in any criminal conduct by members of the criminal street gang.
4921          (5) (a) "Predicate gang crime" means any of the following offenses:
4922          (i) Title 41, Chapter 1a, Motor Vehicle Act:
4923          (A) Section 41-1a-1313, regarding possession of a motor vehicle without an

4924     identification number;
4925          (B) Section 41-1a-1315, regarding false evidence of title and registration;
4926          (C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles;
4927          (D) Section 41-1a-1317, regarding selling or buying a motor vehicle without an
4928     identification number; or
4929          (E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number;
4930          (ii) any criminal violation of the following provisions:
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          (iii) Sections 76-5-102 through 76-5-103.5, which address assault offenses;
4936          (iv) Title 76, Chapter 5, Part 2, Criminal Homicide;
4937          (v) Sections 76-5-301 through 76-5-304, which address kidnapping and related
4938     offenses;
4939          (vi) [any] a felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
4940          (vii) Title 76, Chapter 6, Part 1, Property Destruction;
4941          (viii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
4942          (ix) Title 76, Chapter 6, Part 3, Robbery;
4943          (x) [any] a felony offense under Title 76, Chapter 6, Part 4, Theft, or under Title 76,
4944     Chapter 6, Part 6, Retail Theft, except Sections 76-6-404.5, 76-6-405, 76-6-407, 76-6-408,
4945     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,
4946     and 76-6-410.5;
4947          (xi) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507,
4948     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,
4949     76-6-518, and 76-6-520;
4950          (xii) Title 76, Chapter 6, Part 11, Identity Fraud Act;
4951          (xiii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except
4952     Sections 76-8-302, 76-8-303, 76-8-307, 76-8-308, and 76-8-312;
4953          (xiv) [Section 76-8-508, which includes] tampering with a witness under Section
4954     76-8-508;

4955          (xv) [Section 76-8-508.3, which includes] retaliation against a witness [or], victim, or
4956     informant under Section 76-8-509.3;
4957          (xvi) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
4958          [(xvi)] (xvii) [Section 76-8-509, which includes] extortion or bribery to dismiss a
4959     criminal proceeding under Section 76-8-509;
4960          [(xvii)] (xviii) a misdemeanor violation of disorderly conduct under Section 76-9-102,
4961     if the violation occurs at an official meeting;
4962          [(xviii)] (xix) Title 76, Chapter 10, Part 3, Explosives;
4963          [(xix)] (xx) Title 76, Chapter 10, Part 5, Weapons;
4964          [(xx)] (xxi) Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
4965          [(xxi)] (xxii) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
4966          [(xxii)] (xxiii) [Section 76-10-1801, which addresses] communications fraud under
4967     Section 76-10-1801;
4968          [(xxiii)] (xxiv) Title 76, Chapter 10, Part 19, Money Laundering and Currency
4969     Transaction Reporting Act; or
4970          [(xxiv)] (xxv) [Section 76-10-2002, which addresses] burglary of a research facility
4971     under Section 76-10-2002.
4972          (b) "Predicate gang crime" also includes:
4973          (i) any state or federal criminal offense that by its nature involves a substantial risk that
4974     physical force may be used against another in the course of committing the offense; and
4975          (ii) any felony violation of a criminal statute of any other state, the United States, or
4976     any district, possession, or territory of the United States which would constitute a violation of
4977     any offense in Subsection (4)(a) if committed in this state.
4978          Section 138. Section 76-9-902 is amended to read:
4979          76-9-902. Definitions.
4980          As used in this part:
4981          (1) "Criminal street gang" means an organization, association in fact, or group of three
4982     or more persons, whether operated formally or informally:
4983          (a) that is currently in operation;
4984          (b) that has as one of its substantial activities the commission of one or more predicate
4985     gang crimes;

4986          (c) that has, as a group, an identifying name or an identifying sign or symbol, or both;
4987     and
4988          (d) whose members, acting individually or in concert with other members, engage in or
4989     have engaged in a pattern of criminal gang activity.
4990          (2) "Gang loitering" means a person remains in one place under circumstances that
4991     would cause a reasonable person to believe that the purpose or effect of that behavior is to
4992     enable or facilitate a criminal street gang to:
4993          (a) establish control over one or more identifiable areas;
4994          (b) intimidate others from entering those areas; or
4995          (c) conceal illegal activities.
4996          (3) "Pattern of criminal gang activity" means committing, attempting to commit,
4997     conspiring to commit, or soliciting the commission of two or more predicate gang crimes
4998     within five years, if the predicate gang crimes are committed:
4999          (a) (i) by two or more persons; or
5000          (ii) by an individual at the direction of or in association with a criminal street gang; and
5001          (b) with the specific intent to promote, further, or assist in any criminal conduct by
5002     members of a criminal street gang.
5003          (4) (a) "Predicate gang crime" means any of the following offenses:
5004          (i) [any] a criminal violation of:
5005          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
5006          (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
5007          (C) Title 58, Chapter 37b, Imitation Controlled Substances Act; or
5008          (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
5009          (ii) Sections 76-5-102 through 76-5-103.5, which address assault offenses;
5010          (iii) Title 76, Chapter 5, Part 2, Criminal Homicide;
5011          (iv) Sections 76-5-301 through 76-5-304, which address kidnapping and related
5012     offenses;
5013          (v) [any] a felony offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
5014          (vi) Title 76, Chapter 6, Part 1, Property Destruction;
5015          (vii) Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
5016          (viii) Title 76, Chapter 6, Part 3, Robbery;

5017          (ix) [any] a felony offense under Title 76, Chapter 6, Part 4, Theft, except Sections
5018     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,
5019     76-6-409.7, 76-6-409.8, 76-6-409.9, 76-6-410, and 76-6-410.5;
5020          (x) Title 76, Chapter 6, Part 5, Fraud, except Sections 76-6-504, 76-6-505, 76-6-507,
5021     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,
5022     76-6-518, and 76-6-520;
5023          (xi) Title 76, Chapter 6, Part 11, Identity Fraud Act;
5024          (xii) Title 76, Chapter 8, Part 3, Obstructing Governmental Operations, except Sections
5025     76-8-302, 76-8-303, 76-8-307, 76-8-308, and 76-8-312;
5026          (xiii) [Section 76-8-508, which includes] tampering with a witness under Section
5027     76-8-508;
5028          (xiv) [Section 76-8-508.3, which includes] retaliation against a witness [or], victim, or
5029     informant under Section 76-8-508.3;
5030          (xv) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5031          [(xv)] (xvi) [Section 76-8-509, which includes] extortion or bribery to dismiss a
5032     criminal proceeding under Section 76-8-509;
5033          [(xvi)] (xvii) a misdemeanor violation of disorderly conduct under Section 76-9-102, if
5034     the violation occurs at an official meeting;
5035          [(xvii)] (xviii) Title 76, Chapter 10, Part 3, Explosives;
5036          [(xviii)] (xix) Title 76, Chapter 10, Part 5, Weapons;
5037          [(xix)] (xx) Title 76, Chapter 10, Part 15, Bus Passenger Safety Act;
5038          [(xx)] (xxi) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
5039          [(xxi)] (xxii) [Section 76-10-1801, which addresses] communications fraud under
5040     Section 76-10-1801;
5041          [(xxii)] (xxiii) Title 76, Chapter 10, Part 19, Money Laundering and Currency
5042     Transaction Reporting Act;
5043          [(xxiii)] (xxiv) [Section 76-10-2002, which addresses] burglary of a research facility[;
5044     and] under Section 76-10-2002; or
5045          [(xxiv)] (xxv) Title 41, Chapter 1a, Motor Vehicle Act:
5046          (A) Section 41-1a-1313, regarding possession of a motor vehicle without an
5047     identification number;

5048          (B) Section 41-1a-1315, regarding false evidence of title and registration;
5049          (C) Section 41-1a-1316, regarding receiving or transferring stolen vehicles;
5050          (D) Section 41-1a-1317, regarding selling or buying a vehicle without an identification
5051     number; and
5052          (E) Section 41-1a-1318, regarding the fraudulent alteration of an identification number.
5053          (b) "Predicate gang crime" also includes:
5054          (i) any state or federal criminal offense that by its nature involves a substantial risk that
5055     physical force may be used against another in the course of committing the offense; and
5056          (ii) any felony violation of a criminal statute of any other state, the United States, or
5057     any district, possession, or territory of the United States which would constitute any offense in
5058     Subsection (4)(a) if committed in this state.
5059          (5) (a) "Public place" means any location or structure to which the public or a
5060     substantial group of the public has access, and includes:
5061          (i) a sidewalk, street, or highway;
5062          (ii) a public park, public recreation facility, or any other area open to the public;
5063          (iii) a shopping mall, sports facility, stadium, arena, theater, movie house, or
5064     playhouse, or the parking lot or structure adjacent to any of these; and
5065          (iv) the common areas of schools, hospitals, apartment houses, office buildings,
5066     transport facilities, and businesses.
5067          (b) "Public place" includes the lobbies, hallways, elevators, restaurants and other
5068     dining areas, and restrooms of any of the locations or structures under Subsection (5)(a).
5069          Section 139. Section 76-9-1008 is amended to read:
5070          76-9-1008. Proof of immigration status required to receive public benefits.
5071          (1) (a) An agency that provides state or local public benefits as defined in 8 U.S.C. Sec.
5072     1621 shall comply with Section 63G-12-402 and shall also comply with this section, except:
5073          (i) as provided in Subsection 63G-12-402(3)(g) or (k); or
5074          (ii) when compliance is exempted by federal law or when compliance could reasonably
5075     be expected to be grounds for the federal government to withhold federal Medicaid funding.
5076          (b) The agency shall verify a person's lawful presence in the United States by requiring
5077     that the applicant under this section sign a certificate under penalty of perjury, stating that the
5078     applicant:

5079          (i) is a United States citizen; or
5080          (ii) is a qualified alien as defined by 8 U.S.C. Sec. 1641.
5081          (c) The certificate under Subsection (1)(b) shall include a statement advising the signer
5082     that providing false information subjects the signer to penalties for perjury.
5083          (d) The signature under this Subsection (1) may be executed in person or
5084     electronically.
5085          (e) When an applicant who is a qualified alien has executed the certificate under this
5086     section, the applicant's eligibility for benefits shall be verified by the agency through the federal
5087     SAVE program or an equivalent program designated by the United States Department of
5088     Homeland Security.
5089          (2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent
5090     statement of representation in a certificate executed under this section is guilty of public
5091     assistance fraud by an applicant for public assistance under Section [76-8-1205] 76-8-1203.1.
5092          (3) If the certificate constitutes a false claim of United States citizenship under 18
5093     U.S.C. Sec. 911, the agency requiring the certificate shall file a complaint with the United
5094     States Attorney for the applicable federal judicial district based upon the venue in which the
5095     certificate was executed.
5096          (4) Agencies may, with the concurrence of the Utah Attorney General, adopt variations
5097     to the requirements of the provisions of this section that provide for adjudication of unique
5098     individual circumstances where the verification procedures in this section would impose
5099     unusual hardship on a legal resident of this state.
5100          (5) If an agency under Subsection (1) receives verification that a person making an
5101     application for any benefit, service, or license is not a qualified alien, the agency shall provide
5102     the information to the local law enforcement agency for enforcement of [Section 76-8-1205]
5103     public assistance fraud by an applicant for public assistance under Section 76-8-1203.1 unless
5104     prohibited by federal mandate.
5105          Section 140. Section 76-10-1602 is amended to read:
5106          76-10-1602. Definitions.
5107          As used in this part:
5108          (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
5109     business trust, association, or other legal entity, and any union or group of individuals

5110     associated in fact although not a legal entity, and includes illicit as well as licit entities.
5111          (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
5112     commission of at least three episodes of unlawful activity, which episodes are not isolated, but
5113     have the same or similar purposes, results, participants, victims, or methods of commission, or
5114     otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
5115     demonstrate continuing unlawful conduct and be related either to each other or to the
5116     enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
5117     occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
5118     activity as defined by this part shall have occurred within five years of the commission of the
5119     next preceding act alleged as part of the pattern.
5120          (3) "Person" includes any individual or entity capable of holding a legal or beneficial
5121     interest in property, including state, county, and local governmental entities.
5122          (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
5123     command, encourage, or intentionally aid another person to engage in conduct which would
5124     constitute any offense described by the following crimes or categories of crimes, or to attempt
5125     or conspire to engage in an act which would constitute any of those offenses, regardless of
5126     whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
5127     or a felony:
5128          (a) [any] an act prohibited by the criminal provisions [of] under Title 13, Chapter 10,
5129     Unauthorized Recording Practices Act;
5130          (b) [any] an act prohibited by the criminal provisions [of] under Title 19,
5131     Environmental Quality Code, Sections 19-1-101 through 19-7-109;
5132          (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
5133     purpose of sale, trade, or other pecuniary gain[, in violation of] under Title 23A, Wildlife
5134     Resources Act, or Section 23A-5-311;
5135          (d) false claims for medical benefits, kickbacks, [and any] or other [act] acts prohibited
5136     [by] under Title 26B, Chapter 3, Part 11, Utah False Claims Act, Sections 26B-3-1101 through
5137     26B-3-1112;
5138          (e) [any] an act prohibited by the criminal provisions [of] under Title 32B, Chapter 4,
5139     Criminal Offenses and Procedure Act;
5140          (f) [any] an act prohibited by the criminal provisions [of] under Title 57, Chapter 11,

5141     Utah Uniform Land Sales Practices Act;
5142          (g) [any] an act prohibited by the criminal provisions [of] under Title 58, Chapter 37,
5143     Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
5144     Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
5145     Clandestine Drug Lab Act;
5146          (h) [any] an act prohibited by the criminal provisions [of] under Title 61, Chapter 1,
5147     Utah Uniform Securities Act;
5148          (i) [any] an act prohibited by the criminal provisions [of] under Title 63G, Chapter 6a,
5149     Utah Procurement Code;
5150          (j) assault [or aggravated assault, Sections] under Section 76-5-102 [and];
5151          (k) aggravated assault under Section 76-5-103;
5152          [(k)] (l) a threat of terrorism[,] under Section 76-5-107.3;
5153          [(l)] (m) a criminal homicide offense[, as described in] under Section 76-5-201;
5154          [(m)] (n) kidnapping [or aggravated kidnapping, Sections] under Section 76-5-301
5155     [and];
5156          (o) aggravated kidnapping under Section 76-5-302;
5157          [(n)] (p) human trafficking[,] for labor under Section 76-5-308;
5158          (q) human trafficking for sexual exploitation under Section 76-5-308.1;
5159          (r) human smuggling under Section 76-5-308.3;
5160          (s) human trafficking of a child[, human smuggling, or aggravated human trafficking,
5161     Sections 76-5-308, 76-5-308.1, 76-5-308.3,] under Section 76-5-308.5[,];
5162          (t) benefiting from trafficking and human smuggling under Section 76-5-309[, and];
5163          (u) aggravated human trafficking under Section 76-5-310;
5164          [(o)] (v) sexual exploitation of a minor [or] under Section 76-5b-201;
5165          (w) aggravated sexual exploitation of a minor[, Sections 76-5b-201 and] under Section
5166     76-5b-201.1;
5167          [(p)] (x) arson under Section 76-6-102;
5168          (y) [or] aggravated arson[, Sections 76-6-102 and] under Section 76-6-103;
5169          [(q)] (z) causing a catastrophe[,] under Section 76-6-105;
5170          [(r)] (aa) burglary under Section 76-6-202;
5171          (bb) [or] aggravated burglary[, Sections 76-6-202 and] under Section 76-6-203;

5172          [(s)] (cc) burglary of a vehicle[,] under Section 76-6-204;
5173          [(t)] (dd) manufacture or possession of an instrument for burglary or theft[,] under
5174     Section 76-6-205;
5175          [(u)] (ee) robbery under Section 76-6-301;
5176          (ff) [or] aggravated robbery[, Sections 76-6-301 and] under Section 76-6-302;
5177          [(v)] (gg) theft[,] under Section 76-6-404;
5178          [(w)] (hh) theft by deception[,] under Section 76-6-405;
5179          [(x)] (ii) theft by extortion[,] under Section 76-6-406;
5180          [(y)] (jj) receiving stolen property[,] under Section 76-6-408;
5181          [(z)] (kk) theft of services[,] under Section 76-6-409;
5182          [(aa)] (ll) forgery[,] under Section 76-6-501;
5183          [(bb)] (mm) [fraudulent use of a credit card, Sections] unlawful use of financial
5184     transaction card under Section 76-6-506.2[,];
5185          (nn) unlawful acquisition, possession, or transfer of financial transaction card under
5186     Section 76-6-506.3[,, and];
5187          (oo) financial transaction card offenses under Section 76-6-506.6;
5188          [(cc)] (pp) deceptive business practices[,] under Section 76-6-507;
5189          [(dd)] (qq) bribery or receiving bribe by person in the business of selection, appraisal,
5190     or criticism of goods[,] under Section 76-6-508;
5191          [(ee)] (rr) bribery of a labor official[,] under Section 76-6-509;
5192          [(ff)] (ss) defrauding creditors[,] under Section 76-6-511;
5193          [(gg)] (tt) acceptance of deposit by insolvent financial institution[,] under Section
5194     76-6-512;
5195          [(hh)] (uu) unlawful dealing with property by fiduciary[,] under Section 76-6-513;
5196          [(ii)] (vv) bribery or threat to influence contest[,] under Section 76-6-514;
5197          [(jj)] (ww) making a false credit report[,] under Section 76-6-517;
5198          [(kk)] (xx) criminal simulation[,] under Section 76-6-518;
5199          [(ll)] (yy) criminal usury[,] under Section 76-6-520;
5200          [(mm)] (zz) insurance fraud[,] under Section 76-6-521;
5201          [(nn)] (aaa) retail theft[,] under Section 76-6-602;
5202          [(oo)] (bbb) computer crimes[,] under Section 76-6-703;

5203          [(pp)] (ccc) identity fraud[,] under Section 76-6-1102;
5204          [(qq)] (ddd) mortgage fraud[,] under Section 76-6-1203;
5205          [(rr)] (eee) sale of a child[,] under Section 76-7-203;
5206          [(ss)] (fff) bribery to influence official or political actions[,] under Section 76-8-103;
5207          [(tt)] (ggg) [threats] threat to influence official or political action[,] under Section
5208     76-8-104;
5209          [(uu)] (hhh) receiving bribe or bribery by public servant[,] under Section 76-8-105;
5210          [(vv)] (iii) receiving bribe [or bribery] for endorsement of person as a public servant[,]
5211     under Section 76-8-106;
5212          [(ww) official misconduct, Sections]
5213          (jjj) bribery for endorsement of person as public servant under Section 76-8-106.1;
5214          (kkk) official misconduct based on unauthorized act or failure of duty under Section
5215     76-8-201 [and];
5216          (lll) official misconduct concerning inside information under Section 76-8-202;
5217          [(xx)] (mmm) obstruction of justice[,] in a criminal investigation or proceeding under
5218     Section 76-8-306;
5219          [(yy)] (nnn) acceptance of bribe or bribery to prevent criminal prosecution[,] under
5220     Section 76-8-308;
5221          (ooo) harboring or concealing offender who has escaped from official custody under
5222     Section 76-8-309.2;
5223          [(zz)] (ppp) making a false or inconsistent material [statements,] statement under
5224     Section 76-8-502;
5225          [(aaa)] (qqq) making a false or inconsistent [statements,] statement under Section
5226     76-8-503;
5227          [(bbb)] (rrr) making a written false [statements,] statement under Section 76-8-504;
5228          [(ccc)] (sss) tampering with a witness [or soliciting or receiving a bribe,] under Section
5229     76-8-508;
5230          [(ddd)] (ttt) retaliation against a witness, victim, or informant[,] under Section
5231     76-8-508.3;
5232          (uuu) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5233          [(eee)] (vvv) extortion or bribery to dismiss a criminal proceeding[,] under Section

5234     76-8-509;
5235          [(fff)] (www) tampering with evidence[,] under Section 76-8-510.5;
5236          [(ggg)] (xxx) falsification or alteration of a government record[,] under Section
5237     76-8-511, if the record is a record described in Title 20A, Election Code, or Title 36, Chapter
5238     11, Lobbyist Disclosure and Regulation Act;
5239          [(hhh)] (yyy) public assistance fraud [in violation of] by an applicant for public
5240     assistance under Section [76-8-1203, 76-8-1204, or 76-8-1205] 76-8-1203.1;
5241          (zzz) public assistance fraud by a recipient of public assistance under Section
5242     76-8-1203.3;
5243          (aaaa) public assistance fraud by a provider under Section 76-8-1203.5;
5244          (bbbb) fraudulently misappropriating public assistance funds under Section
5245     76-8-1203.7;
5246          [(iii)] (cccc) [unemployment insurance fraud,] false statement to obtain or increase
5247     unemployment compensation under Section 76-8-1301;
5248          (dddd) false statement to prevent or reduce unemployment compensation or liability
5249     under Section 76-8-1302;
5250          (eeee) unlawful failure to comply with Employment Security Act requirements under
5251     Section 76-8-1303;
5252          (ffff) unlawful use or disclosure of employment information under Section 76-8-1304;
5253          [(jjj)] (gggg) intentionally or knowingly causing one animal to fight with another[,]
5254     under Subsection 76-9-301(2)(d) or (e), or Section 76-9-301.1;
5255          [(kkk)] (hhhh) possession, use, or removal of explosives, chemical, or incendiary
5256     devices or parts[,] under Section 76-10-306;
5257          [(lll)] (iiii) delivery to common carrier, mailing, or placement on premises of an
5258     incendiary device[,] under Section 76-10-307;
5259          [(mmm)] (jjjj) possession of a deadly weapon with intent to assault[,] under Section
5260     76-10-507;
5261          [(nnn)] (kkkk) unlawful marking of pistol or revolver[,] under Section 76-10-521;
5262          [(ooo)] (llll) alteration of number or mark on pistol or revolver[,] under Section
5263     76-10-522;
5264          [(ppp)] (mmmm) forging or counterfeiting trademarks, trade name, or trade device[,]

5265     under Section 76-10-1002;
5266          [(qqq)] (nnnn) selling goods under counterfeited trademark, trade name, or trade
5267     devices[,] under Section 76-10-1003;
5268          [(rrr)] (oooo) sales in containers bearing registered trademark of substituted articles[,]
5269     under Section 76-10-1004;
5270          [(sss)] (pppp) selling or dealing with article bearing registered trademark or service
5271     mark with intent to defraud[,] under Section 76-10-1006;
5272          [(ttt)] (qqqq) gambling[,] under Section 76-10-1102;
5273          [(uuu)] (rrrr) gambling fraud[,] under Section 76-10-1103;
5274          [(vvv)] (ssss) gambling promotion[,] under Section 76-10-1104;
5275          [(www)] (tttt) possessing a gambling device or record[,] under Section 76-10-1105;
5276          [(xxx)] (uuuu) confidence game[,] under Section 76-10-1109;
5277          [(yyy)] (vvvv) distributing pornographic material[,] under Section 76-10-1204;
5278          [(zzz)] (wwww) inducing acceptance of pornographic material[,] under Section
5279     76-10-1205;
5280          [(aaaa)] (xxxx) dealing in harmful material to a minor[,] under Section 76-10-1206;
5281          [(bbbb)] (yyyy) distribution of pornographic films[,] under Section 76-10-1222;
5282          [(cccc)] (zzzz) indecent public displays[,] under Section 76-10-1228;
5283          [(dddd)] (aaaaa) prostitution[,] under Section 76-10-1302;
5284          [(eeee)] (bbbbb) aiding prostitution[,] under Section 76-10-1304;
5285          [(ffff)] (ccccc) exploiting prostitution[,] under Section 76-10-1305;
5286          [(gggg)] (ddddd) aggravated exploitation of prostitution[,] under Section 76-10-1306;
5287          [(hhhh)] (eeeee) communications fraud[,] under Section 76-10-1801;
5288          [(iiii)] (fffff) [any] an act prohibited by the criminal provisions of Part 19, Money
5289     Laundering and Currency Transaction Reporting Act;
5290          [(jjjj)] (ggggg) vehicle compartment for contraband[,] under Section 76-10-2801;
5291          [(kkkk)] (hhhhh) [any] an act prohibited by the criminal provisions of the laws
5292     governing taxation in this state; [and] or
5293          [(llll)] (iiiii) [any] an act illegal under the laws of the United States and enumerated in
5294     18 U.S.C. Sec. 1961(1)(B), (C), and (D).
5295          Section 141. Section 77-23a-8 is amended to read:

5296          77-23a-8. Court order to authorize or approve interception -- Procedure.
5297          (1) The attorney general of the state, any assistant attorney general specially designated
5298     by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
5299     district attorney specially designated by the county attorney or by the district attorney, may
5300     authorize an application to a judge of competent jurisdiction for an order for an interception of
5301     wire, electronic, or oral communications by any law enforcement agency of the state, the
5302     federal government or of any political subdivision of the state that is responsible for
5303     investigating the type of offense for which the application is made.
5304          (2) The judge may grant the order in conformity with the required procedures when the
5305     interception sought may provide or has provided evidence of the commission of:
5306          (a) [any] an act:
5307          (i) prohibited by the criminal provisions of:
5308          (A) Title 58, Chapter 37, Utah Controlled Substances Act;
5309          (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
5310          (C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
5311          (ii) punishable by a term of imprisonment of more than one year;
5312          (b) [any] an act prohibited by the criminal provisions [of] under Title 61, Chapter 1,
5313     Utah Uniform Securities Act, and punishable by a term of imprisonment of more than one year;
5314          (c) an offense:
5315          (i) of:
5316          (A) attempt[,] under Section 76-4-101;
5317          (B) conspiracy[,] under Section 76-4-201;
5318          (C) solicitation[,] under Section 76-4-203; and
5319          (ii) punishable by a term of imprisonment of more than one year;
5320          (d) a threat of terrorism offense punishable by a maximum term of imprisonment of
5321     more than one year[,] under Section 76-5-107.3;
5322          (e) (i) aggravated murder[,] under Section 76-5-202;
5323          (ii) murder[,] under Section 76-5-203; or
5324          (iii) manslaughter[,] under Section 76-5-205;
5325          (f) (i) kidnapping[,] under Section 76-5-301;
5326          (ii) child kidnapping[,] under Section 76-5-301.1;

5327          (iii) aggravated kidnapping[,] under Section 76-5-302;
5328          (iv) human trafficking[,] for labor under Section 76-5-308[,];
5329          (v) human trafficking for sexual exploitation under Section 76-5-308.1[,];
5330          (vi) [or] human trafficking of a child under Section 76-5-308.5[, or];
5331          (vii) human smuggling[,] under Section 76-5-308.3; [or]
5332          [(v)] (viii) aggravated human trafficking[,] under Section 76-5-310[,]; or
5333          (ix) aggravated human smuggling[,] under Section 76-5-310.1;
5334          (g) (i) arson[,] under Section 76-6-102; or
5335          (ii) aggravated arson[,] under Section 76-6-103;
5336          (h) (i) burglary[,] under Section 76-6-202; or
5337          (ii) aggravated burglary[,] under Section 76-6-203;
5338          (i) (i) robbery[,] under Section 76-6-301; or
5339          (ii) aggravated robbery[,] under Section 76-6-302;
5340          (j) an offense:
5341          (i) of:
5342          (A) theft[,] under Section 76-6-404;
5343          (B) theft by deception[,] under Section 76-6-405; or
5344          (C) theft by extortion[,] under Section 76-6-406; and
5345          (ii) punishable by a maximum term of imprisonment of more than one year;
5346          (k) an offense of receiving stolen property that is punishable by a maximum term of
5347     imprisonment of more than one year[,] under Section 76-6-408;
5348          (l) a financial card transaction offense punishable by a maximum term of imprisonment
5349     of more than one year[,] under Section 76-6-506.2, 76-6-506.3, or 76-6-506.6;
5350          (m) bribery of a labor official[,] under Section 76-6-509;
5351          (n) bribery or threat to influence a publicly exhibited contest[,] under Section
5352     76-6-514;
5353          (o) a criminal simulation offense punishable by a maximum term of imprisonment of
5354     more than one year[,] under Section 76-6-518;
5355          (p) criminal usury[,] under Section 76-6-520;
5356          (q) insurance fraud punishable by a maximum term of imprisonment of more than one
5357     year[,] under Section 76-6-521;

5358          (r) a violation [of] under Title 76, Chapter 6, Part 7, Utah Computer Crimes Act,
5359     punishable by a maximum term of imprisonment of more than one year[,] under Section
5360     76-6-703;
5361          (s) bribery to influence official or political actions[,] under Section 76-8-103;
5362          (t) misusing public money or public property[,] under Section 76-8-402;
5363          (u) tampering with a witness [or soliciting or receiving a bribe,] under Section
5364     76-8-508;
5365          (v) retaliation against a witness, victim, or informant[,] under Section 76-8-508.3;
5366          (w) tampering [with a juror, retaliation] or retaliating against a juror[,] under Section
5367     76-8-508.5;
5368          (x) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5369          [(x)] (y) extortion or bribery to dismiss a criminal proceeding[,] under Section
5370     76-8-509;
5371          [(y)] (z) obstruction of justice[,] in a criminal investigation or proceeding under
5372     Section 76-8-306;
5373          (aa) harboring or concealing offender who has escaped from official custody under
5374     Section 76-8-309.2;
5375          [(z)] (bb) destruction of property to interfere with [preparation] preparations for
5376     defense or war[,] under Section 76-8-802;
5377          [(aa)] (cc) an attempt to commit crimes of sabotage[,] under Section 76-8-804;
5378          [(bb)] (dd) conspiracy to commit crimes of sabotage[,] under Section 76-8-805;
5379          [(cc)] (ee) advocating criminal syndicalism or sabotage[,] under Section 76-8-902;
5380          [(dd)] (ff) [assembly] assembling for advocating criminal syndicalism or sabotage[,]
5381     under Section 76-8-903;
5382          [(ee)] (gg) riot punishable by a maximum term of imprisonment of more than one
5383     year[,] under Section 76-9-101;
5384          [(ff)] (hh) dog fighting, training dogs for fighting, or dog fighting exhibitions
5385     punishable by a maximum term of imprisonment of more than one year[,] under Section
5386     76-9-301.1;
5387          [(gg)] (ii) possession, use, or removal of an explosive, chemical, or incendiary device
5388     and parts[,] under Section 76-10-306;

5389          [(hh)] (jj) delivery to a common carrier or mailing of an explosive, chemical, or
5390     incendiary device[,] under Section 76-10-307;
5391          [(ii)] (kk) exploiting prostitution[,] under Section 76-10-1305;
5392          [(jj)] (ll) aggravated exploitation of prostitution[,] under Section 76-10-1306;
5393          [(kk)] (mm) bus hijacking or assault with intent to commit hijacking[,] under Section
5394     76-10-1504;
5395          [(ll)] (nn) discharging firearms and hurling missiles[,] under Section 76-10-1505;
5396          [(mm)] (oo) violations [of] under Title 76, Chapter 10, Part 16, Pattern of Unlawful
5397     Activity Act, and the offenses listed under the definition of unlawful activity in the act,
5398     including the offenses not punishable by a maximum term of imprisonment of more than one
5399     year when those offenses are investigated as predicates for the offenses prohibited by the act[,]
5400     under Section 76-10-1602;
5401          [(nn)] (pp) communications fraud[,] under Section 76-10-1801;
5402          [(oo)] (qq) money laundering[,] under Sections 76-10-1903 and 76-10-1904; or
5403          [(pp)] (rr) reporting by a person engaged in a trade or business when the offense is
5404     punishable by a maximum term of imprisonment of more than one year[,] under Section
5405     76-10-1906.
5406          Section 142. Section 77-36-1 is amended to read:
5407          77-36-1. Definitions.
5408          As used in this chapter:
5409          (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
5410          (2) "Department" means the Department of Public Safety.
5411          (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
5412     3, Divorce.
5413          (4) "Domestic violence" or "domestic violence offense" means any criminal offense
5414     involving violence or physical harm or threat of violence or physical harm, or any attempt,
5415     conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
5416     when committed by one cohabitant against another. "Domestic violence" or "domestic
5417     violence offense" includes commission or attempt to commit, any of the following offenses by
5418     one cohabitant against another:
5419          (a) aggravated assault[, as described in] under Section 76-5-103;

5420          (b) aggravated cruelty to an animal[, as described in] under Subsection 76-9-301(4),
5421     with the intent to harass or threaten the other cohabitant;
5422          (c) assault[, as described in] under Section 76-5-102;
5423          (d) criminal homicide[, as described in] under Section 76-5-201;
5424          (e) harassment[, as described in] under Section 76-5-106;
5425          (f) electronic communication harassment[, as described in] under Section 76-9-201;
5426          (g) kidnapping, child kidnapping, or aggravated kidnapping[, as described in] under
5427     Sections 76-5-301, 76-5-301.1, and 76-5-302;
5428          (h) mayhem[, as described in] under Section 76-5-105;
5429          (i) sexual offenses[, as described in] under Title 76, Chapter 5, Part 4, Sexual
5430     Offenses[, and];
5431          (j) sexual exploitation of a minor [and aggravated sexual exploitation of a minor, as
5432     described in Sections] under Section 76-5b-201 [and];
5433          (k) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
5434          [(j)] (l) stalking[, as described in] under Section 76-5-106.5;
5435          [(k)] (m) unlawful detention [or] and unlawful detention of a minor[, as described in]
5436     under Section 76-5-304;
5437          [(l)] (n) violation of a protective order or ex parte protective order[, as described in]
5438     under Section 76-5-108;
5439          [(m)] (o) [any] an offense against property [described in] under Title 76, Chapter 6,
5440     Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or
5441     Title 76, Chapter 6, Part 3, Robbery;
5442          [(n)] (p) possession of a deadly weapon with criminal intent[, as described in] under
5443     Section 76-10-507;
5444          [(o)] (q) discharge of a firearm from a vehicle, near a highway, or in the direction of
5445     any person, building, or vehicle[, as described in] under Section 76-10-508;
5446          [(p)] (r) disorderly conduct[, as defined in] under Section 76-9-102, if a conviction or
5447     adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator
5448     was originally charged with a domestic violence offense otherwise described in this Subsection
5449     (4), except that a conviction or adjudication of disorderly conduct as a domestic violence
5450     offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor

5451     crime of domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms
5452     Act, 18 U.S.C. Sec. 921 et seq.;
5453          [(q)] (s) child abuse[, as described in] under Section 76-5-114;
5454          [(r)] (t) threatening use of a dangerous weapon[, as described in] under Section
5455     76-10-506;
5456          [(s)] (u) threatening violence[, as described in] under Section 76-5-107;
5457          [(t)] (v) tampering with a witness[, as described in] under Section 76-8-508;
5458          [(u)] (w) retaliation against a witness [or], victim, [as described in] or informant under
5459     Section 76-8-508.3;
5460          (x) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5461          [(v)] (y) unlawful distribution of an intimate image[, as described in] under Section
5462     76-5b-203[, or];
5463          (z) unlawful distribution of a counterfeit intimate image[, as described in] under
5464     Section 76-5b-205;
5465          [(w)] (aa) sexual battery[, as described in] under Section 76-9-702.1;
5466          [(x)] (bb) voyeurism[, as described in] under Section 76-9-702.7;
5467          [(y)] (cc) damage to or interruption of a communication device[, as described in] under
5468     Section 76-6-108; or
5469          [(z)] (dd) an offense [described in] under Subsection 78B-7-806(1).
5470          (5) "Jail release agreement" means the same as that term is defined in Section
5471     78B-7-801.
5472          (6) "Jail release court order" means the same as that term is defined in Section
5473     78B-7-801.
5474          (7) "Marital status" means married and living together, divorced, separated, or not
5475     married.
5476          (8) "Married and living together" means a couple whose marriage was solemnized
5477     under Section 30-1-4 or 30-1-6 and who are living in the same residence.
5478          (9) "Not married" means any living arrangement other than married and living together,
5479     divorced, or separated.
5480          (10) "Protective order" includes an order issued under Subsection 78B-7-804(3).
5481          (11) "Pretrial protective order" means a written order:

5482          (a) specifying and limiting the contact a person who has been charged with a domestic
5483     violence offense may have with an alleged victim or other specified individuals; and
5484          (b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803,
5485     pending trial in the criminal case.
5486          (12) "Sentencing protective order" means a written order of the court as part of
5487     sentencing in a domestic violence case that limits the contact an individual who is convicted or
5488     adjudicated of a domestic violence offense may have with a victim or other specified
5489     individuals under Section 78B-7-804.
5490          (13) "Separated" means a couple who have had their marriage solemnized under
5491     Section 30-1-4 or 30-1-6 and who are not living in the same residence.
5492          (14) "Victim" means a cohabitant who has been subjected to domestic violence.
5493          Section 143. Section 77-36-1.1 is amended to read:
5494          77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
5495     offenses.
5496          (1) As used in this section:
5497          (a) (i) "Convicted" means a conviction by plea or verdict of a crime or offense.
5498          (ii) "Convicted" includes:
5499          (A) a plea of guilty or guilty with a mental condition;
5500          (B) a plea of no contest; and
5501          (C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas
5502     in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in
5503     accordance with the plea in abeyance agreement.
5504          (iii) "Convicted" does not include an adjudication in juvenile court.
5505          (b) "Offense against the person" means commission or attempt to commit an offense
5506     under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide,
5507     Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital
5508     Mutilation, by one cohabitant against another.
5509          (c) "Property damage offense" means the commission or attempt to commit an offense
5510     under Section 76-6-106 or 76-6-106.1 by one cohabitant against another.
5511          (d) "Qualifying domestic violence offense" means:
5512          (i) a domestic violence offense in Utah; or

5513          (ii) an offense in any other state, or in any district, possession, or territory of the United
5514     States, that would be a domestic violence offense under Utah law.
5515          (2) An individual who is convicted of a domestic violence offense is guilty of a class B
5516     misdemeanor if:
5517          (a) the domestic violence offense described in this Subsection (2) is designated by law
5518     as a class C misdemeanor; and
5519          (b) the individual commits or is convicted of the domestic violence offense described
5520     in this Subsection (2):
5521          (i) within 10 years after the day on which the individual is convicted of a qualifying
5522     domestic violence offense that is not a [criminal mischief] property damage offense; or
5523          (ii) within five years after the day on which the individual is convicted of a [criminal
5524     mischief] property damage offense.
5525          (3) An individual who is convicted of a domestic violence offense is guilty of a class A
5526     misdemeanor if:
5527          (a) the domestic violence offense described in this Subsection (3) is designated by law
5528     as a class B misdemeanor; and
5529          (b) the individual commits or is convicted of the domestic violence offense described
5530     in this Subsection (3):
5531          (i) within 10 years after the day on which the individual is convicted of a qualifying
5532     domestic violence offense that is not a [criminal mischief] property damage offense; or
5533          (ii) within five years after the day on which the individual is convicted of a [criminal
5534     mischief] property damage offense.
5535          (4) An individual who is convicted of a domestic violence offense is guilty of a third
5536     degree felony if:
5537          (a) the domestic violence offense described in this Subsection (4) is designated by law
5538     as a class B misdemeanor offense against the person and the individual:
5539          (i) (A) commits or is convicted of the domestic violence offense described in this
5540     Subsection (4) within 10 years after the day on which the individual is convicted of a
5541     qualifying domestic violence offense that is not a [criminal mischief] property damage offense;
5542     and
5543          (B) is convicted of another qualifying domestic violence offense that is not a [criminal

5544     mischief] property damage offense after the day on which the individual is convicted of the
5545     qualifying domestic violence offense described in Subsection (4)(a)(i)(A) and before the day on
5546     which the individual is convicted of the domestic violence offense described in this Subsection
5547     (4);
5548          (ii) (A) commits or is convicted of the domestic violence offense described in this
5549     Subsection (4) within five years after the day on which the individual is convicted of a
5550     [criminal mischief] property damage offense; and
5551          (B) is convicted of another [criminal mischief] property damage offense after the day
5552     on which the individual is convicted of the [criminal mischief] property damage offense
5553     described in Subsection (4)(a)(ii)(A) and before the day on which the individual is convicted of
5554     the domestic violence offense described in this Subsection (4); or
5555          (iii) commits or is convicted of the domestic violence offense described in this
5556     Subsection (4) within 10 years after the day on which the individual is convicted of a
5557     qualifying domestic violence offense that is not a [criminal mischief] property damage offense
5558     and within five years after the day on which the individual is convicted of a [criminal mischief]
5559     property damage offense; and
5560          (b) (i) the domestic violence offense described in this Subsection (4) is designated by
5561     law as a class A misdemeanor; and
5562          (ii) the individual commits or is convicted of the domestic violence offense described
5563     in this Subsection (4):
5564          (A) within 10 years after the day on which the individual is convicted of a qualifying
5565     domestic violence offense that is not a [criminal mischief] property damage offense; or
5566          (B) within five years after the day on which the individual is convicted of a [criminal
5567     mischief] property damage offense.
5568          Section 144. Section 77-37-3 is amended to read:
5569          77-37-3. Bill of rights.
5570          (1) The bill of rights for victims and witnesses is:
5571          (a) Victims and witnesses have a right to be informed as to the level of protection from
5572     intimidation and harm available to them, and from what sources, as they participate in criminal
5573     justice proceedings as designated by Section 76-8-508, regarding [witness tampering]
5574     tampering with a witness, and Section 76-8-509, regarding [threats against a victim] extortion

5575     or bribery to dismiss a criminal proceeding. Law enforcement, prosecution, and corrections
5576     personnel have the duty to timely provide this information in a form which is useful to the
5577     victim.
5578          (b) Victims and witnesses, including children and their guardians, have a right to be
5579     informed and assisted as to their role in the criminal justice process. All criminal justice
5580     agencies have the duty to provide this information and assistance.
5581          (c) Victims and witnesses have a right to clear explanations regarding relevant legal
5582     proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
5583     All criminal justice agencies have the duty to provide these explanations.
5584          (d) Victims and witnesses should have a secure waiting area that does not require them
5585     to be in close proximity to defendants or the family and friends of defendants. Agencies
5586     controlling facilities shall, whenever possible, provide this area.
5587          (e) Victims may seek restitution or reparations, including medical costs, as provided in
5588     Title 63M, Chapter 7, Criminal Justice and Substance Abuse, Title 77, Chapter 38b, Crime
5589     Victims Restitution Act, and Section 80-6-710. State and local government agencies that serve
5590     victims have the duty to have a functional knowledge of the procedures established by the
5591     Crime Victim Reparations Board and to inform victims of these procedures.
5592          (f) Victims and witnesses have a right to have any personal property returned as
5593     provided in Chapter 11a, Seizure of Property and Contraband, and Chapter 11d, Lost or
5594     Mislaid Property. Criminal justice agencies shall expeditiously return the property when it is no
5595     longer needed for court law enforcement or prosecution purposes.
5596          (g) Victims and witnesses have the right to reasonable employer intercession services,
5597     including pursuing employer cooperation in minimizing employees' loss of pay and other
5598     benefits resulting from their participation in the criminal justice process. Officers of the court
5599     shall provide these services and shall consider victims' and witnesses' schedules so that
5600     activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
5601     request that the responsible agency intercede with employers or other parties.
5602          (h) Victims and witnesses, particularly children, should have a speedy disposition of
5603     the entire criminal justice process. All involved public agencies shall establish policies and
5604     procedures to encourage speedy disposition of criminal cases.
5605          (i) Victims and witnesses have the right to timely notice of judicial proceedings they

5606     are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
5607     have the duty to provide these notifications. Defense counsel and others have the duty to
5608     provide timely notice to prosecution of any continuances or other changes that may be required.
5609          (j) Victims of sexual offenses have the following rights:
5610          (i) the right to request voluntary testing for themselves for HIV infection as provided in
5611     Section 53-10-803 and to request mandatory testing of the alleged sexual offender for HIV
5612     infection as provided in Section 53-10-802;
5613          (ii) the right to be informed whether a DNA profile was obtained from the testing of
5614     the rape kit evidence or from other crime scene evidence;
5615          (iii) the right to be informed whether a DNA profile developed from the rape kit
5616     evidence or other crime scene evidence has been entered into the Utah Combined DNA Index
5617     System;
5618          (iv) the right to be informed whether there is a match between a DNA profile
5619     developed from the rape kit evidence or other crime scene evidence and a DNA profile
5620     contained in the Utah Combined DNA Index System, provided that disclosure would not
5621     impede or compromise an ongoing investigation; and
5622          (v) the right to designate a person of the victim's choosing to act as a recipient of the
5623     information provided under this Subsection (1)(j) and under Subsections (2) and (3).
5624          (k) Subsections (1)(j)(ii) through (iv) do not require that the law enforcement agency
5625     communicate with the victim or the victim's designee regarding the status of DNA testing,
5626     absent a specific request received from the victim or the victim's designee.
5627          (2) The law enforcement agency investigating a sexual offense may:
5628          (a) release the information indicated in Subsections (1)(j)(ii) through (iv) upon the
5629     request of a victim or the victim's designee and is the designated agency to provide that
5630     information to the victim or the victim's designee;
5631          (b) require that the victim's request be in writing; and
5632          (c) respond to the victim's request with verbal communication, written communication,
5633     or by email, if an email address is available.
5634          (3) The law enforcement agency investigating a sexual offense has the following
5635     authority and responsibilities:
5636          (a) If the law enforcement agency determines that DNA evidence will not be analyzed

5637     in a case where the identity of the perpetrator has not been confirmed, the law enforcement
5638     agency shall notify the victim or the victim's designee.
5639          (b) (i) If the law enforcement agency intends to destroy or dispose of rape kit evidence
5640     or other crime scene evidence from an unsolved sexual assault case, the law enforcement
5641     agency shall provide written notification of that intention and information on how to appeal the
5642     decision to the victim or the victim's designee of that intention.
5643          (ii) Written notification under this Subsection (3) shall be made not fewer than 60 days
5644     prior to the destruction or disposal of the rape kit evidence or other crime scene evidence.
5645          (c) A law enforcement agency responsible for providing information under Subsections
5646     (1)(j)(ii) through (iv), (2), and (3) shall do so in a timely manner and, upon request of the
5647     victim or the victim's designee, shall advise the victim or the victim's designee of any
5648     significant changes in the information of which the law enforcement agency is aware.
5649          (d) The law enforcement agency investigating the sexual offense is responsible for
5650     informing the victim or the victim's designee of the rights established under Subsections
5651     (1)(j)(ii) through (iv) and (2), and this Subsection (3).
5652          (4) Informational rights of the victim under this chapter are based upon the victim
5653     providing the current name, address, telephone number, and email address, if an email address
5654     is available, of the person to whom the information should be provided to the criminal justice
5655     agencies involved in the case.
5656          Section 145. Repealer.
5657          This bill repeals:
5658          Section 76-8-314, Threatening elected officials -- "Elected official" defined.
5659          Section 76-8-315, Threatening elected officials -- Penalties for assault.
5660          Section 76-8-404, Making profit from or misusing public money or public property
5661     -- Disqualification from office -- Criminal penalty.
5662          Section 76-8-505, False or inconsistent statements -- Proof of falsity of statements --
5663     Irregularities no defense.
5664          Section 76-8-701, Definitions.
5665          Section 76-8-702, Purpose.
5666          Section 76-8-707, Assistance by local authorities.
5667          Section 76-8-709, Enforcement of laws by local agencies not limited.

5668          Section 76-8-716, Request for assistance from state and local law enforcement
5669     authorities.
5670          Section 76-8-717, Violations -- Classifications of offenses.
5671          Section 76-8-801, Definitions.
5672          Section 76-8-806, Facts kept secret until complaint filed.
5673          Section 76-8-808, Detention and arrest without warrant of unauthorized persons
5674     on posted premises.
5675          Section 76-8-1101, Criminal offenses and penalties relating to revenue and
5676     taxation -- Rulemaking authority -- Statute of limitations.
5677          Section 76-8-1202, Application of part.
5678          Section 76-8-1204, Disclosure by provider required -- Penalty.
5679          Section 76-8-1205, Public assistance fraud defined.
5680          Section 76-8-1206, Penalties for public assistance fraud.
5681          Section 76-8-1401, Definitions.
5682          Section 146. Effective date.
5683          This bill takes effect on May 1, 2024.