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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 [
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 [
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 [
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 [
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 [
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 [
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 [
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, [
927 (xv) a felony violation of [
928 on an elected official, Section [
929 (xvi) [
930
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 [
943 [
944 Section 76-8-903;
945 [
946 [
947 [
948 76-9-704;
949 [
950 Section 76-10-402;
951 [
952 destruction, Section 76-10-403;
953 [
954 felony, Subsection 76-10-504(4);
955 [
956 weapon, Subsection 76-10-1504(3);
957 [
958 [
959 Section 77-41-107;
960 [
961 [
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 [
986
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) [
1332 are [
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 [
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 [
1606 under Section 76-5-310;
1607 (s) aggravated human smuggling under Section 76-5-310.1;
1608 [
1609 76-10-1306; or
1610 [
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 [
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 [
1659 76-8-509;
1660 [
1661 [
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) [
1732 (B) [
1733 Subsection 76-6-105(3)(a) or (3)(b);
1734 (C) [
1735 as described in Section 76-6-106;
1736 (D) aggravated arson as described in Section 76-6-103;
1737 [
1738 [
1739 [
1740 [
1741 [
1742 [
1743 [
1744 [
1745 [
1746 Section 76-5-114;
1747 [
1748 76-5-110;
1749 [
1750 76-5-111, 76-5-111.2, 76-5-111.3, or 76-5-111.4;
1751 [
1752 76-5-112.5;
1753 [
1754 Criminal Homicide;
1755 [
1756 (S) [
1757 (T) [
1758
1759 [
1760 [
1761 [
1762 [
1763 [
1764 [
1765 [
1766 [
1767 (CC) aggravated sexual abuse of a child[
1768 [
1769 [
1770 [
1771 76-5b-201.1;
1772 [
1773 76-5b-202;
1774 [
1775
1776 (II) aggravated burglary as described in Section 76-6-203;
1777 [
1778 as described in Section 76-6-301;
1779 (KK) aggravated robbery as described in Section 76-6-302;
1780 [
1781
1782 [
1783 Section 76-8-508;
1784 [
1785 Section 76-8-508.3;
1786 [
1787 Subsection [
1788 [
1789
1790
1791 [
1792 [
1793 [
1794 described in Section 76-10-307;
1795 [
1796 person [
1797 [
1798 [
1799 76-10-1306(1)(a);
1800 [
1801 [
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) [
1878 (b) [
1879 (c) [
1880 76-5-301.1;
1881 (d) [
1882 Subsection 76-5-302(3)(b);
1883 (e) [
1884 Subsection 76-5-402(3)(b), (3)(c), or (4);
1885 (f) [
1886 (g) [
1887 described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
1888 (h) [
1889 (i) [
1890 sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
1891 (j) [
1892 (k) [
1893 forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
1894 (l) [
1895 76-5-404.3;
1896 (m) [
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 [
1932 (xxiii) aggravated escape under Section 76-8-309.1; or
1933 [
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 [
2043
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 [
2082 [
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 [
2113
2114 [
2115 (1) "Party official" means [
2116 whether by election, appointment, or otherwise.
2117 [
2118 is part of or administered by the state or [
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 [
2121
2122 [
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 [
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) [
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 [
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 [
2162 [
2163
2164 [
2165
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) [
2175
2176 if the actor, with a purpose of influencing [
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 [
2184 [
2185
2186
2187 [
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) [
2192
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 [
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 [
2210 [
2211
2212 [
2213
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 [
2217 (1) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2218 (2) [
2219 servant if the actor solicits, accepts, agrees to accept for [
2220 person, or a political party, money or any other pecuniary benefit as compensation for [
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[
2223 [
2224
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 [
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 [
2240 either of the houses composing the Legislature to be passed or adopted, with intent to procure
2241 [
2242 certified by the presiding officer of either house in language different from that intended by
2243 [
2244 Section 30. Section 76-8-108 is amended to read:
2245 76-8-108. Alteration of enrolled legislative bill or resolution.
2246 [
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 [
2250 or adopted by the Legislature with intent to procure [
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 [
2253 resolution was passed or adopted by the Legislature[
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) [
2259 officer for collection agency or creditor if the actor:
2260 (a) is a peace officer; and
2261 (b) (i) has an interest in [
2262 (ii) acts as a compensated collection agent for [
2263 [
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 [
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 [
2273 actor knowingly:
2274 (i) commits an unauthorized act [
2275 office[
2276 (ii) knowingly refrains from performing a duty imposed on [
2277 clearly inherent in the nature of [
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 [
2282
2283
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 [
2291 transaction, or enterprise [
2292 [
2293 [
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) [
2300 exercises or attempts to exercise any of the functions of a public office when the [
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 [
2305 has expired and the successor has been elected or appointed and has qualified, or after [
2306 actor's office has been legally removed; or
2307 (e) knowingly:
2308 (i) withholds or retains from [
2309 entitled to possession, the official seal or [
2310 record, paper, document, or other writing appertaining or belonging to [
2311 [
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 [
2315 misdemeanor.
2316 Section 35. Section 76-8-301 is amended to read:
2317 76-8-301. Interference with public servant.
2318 (1) (a) [
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 [
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[
2327 constable, peace officer, private investigator, or any other person authorized to serve legal
2328 process[
2329 [
2330
2331 [
2332 [
2333 [
2334 [
2335 [
2336 [
2337 [
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) [
2354 period of time that the [
2355 77-7-15:
2356 (a) a peace officer demands that the [
2357 or date of birth;
2358 (b) the demand described in Subsection [
2359 circumstances justifying the stop;
2360 (c) the disclosure of the [
2361 does not present a reasonable danger of self-incrimination in the commission of a crime; and
2362 (d) the [
2363 [
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) [
2369 parading in or near a court if the actor pickets or parades in or near a building [
2370 houses a court of this state with intent to:
2371 (a) obstruct access to that court; or [
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 [
2378
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) [
2383 Legislature, or any of the members [
2384 [
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) [
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 [
2394 [
2395 (b) interferes with the arrest or detention by:
2396 [
2397 [
2398 [
2399 [
2400 [
2401 or detention.
2402 [
2403 (4) Recording the actions of a [
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 [
2413
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[
2417 otherwise attempts to elude a peace officer:
2418 [
2419 [
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) [
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, [
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 [
2443 (d) makes, presents, or uses [
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 [
2448 (h) warns [
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 [
2456
2457
2458 [
2459
2460 [
2461
2462 [
2463
2464 [
2465
2466 [
2467
2468 [
2469 [
2470
2471 [
2472
2473 (3) [
2474 (a) a second degree felony if the conduct [
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 [
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 [
2481 (iii) the obstruction of justice is presented or committed before a court of law; or
2482 (iv) a violation of Subsection [
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 [
2488
2489 [
2490 has escaped from official custody, which is governed by Section 76-8-309.2.
2491 (b) Subsection [
2492 [
2493 [
2494
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 [
2508
2509 [
2510 under Section 76-8-508.3; [
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 [
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 [
2518
2519
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 [
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 [
2540 (ii) a court has issued an order to show cause regarding a defendant's violation of the
2541 terms of probation; and
2542 [
2543 [
2544 means or assistance to avoid discovery; or
2545 [
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 [
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 [
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) [
2561 bribe or bribery to prevent criminal prosecution if the actor:
2562 (a) solicits, accepts, or agrees to accept any benefit as consideration for [
2563 refraining from initiating or aiding in a criminal prosecution; or
2564 (b) confers, offers, or agrees to confer any benefit upon [
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 [
2568 amount [
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 [
2606 the actor:
2607 (a) (i) is a prisoner; and
2608 (ii) leaves official custody without lawful authorization[
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 [
2617
2618 [
2619 (3)(b) or Section 76-8-309.1, a violation of Subsection (2) is a third degree felony [
2620
2621 [
2622 a violation of Subsection (2) is a second degree felony if:
2623 (i) the actor escapes [
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 [
2628
2629 [
2630
2631
2632
2633
2634 [
2635
2636
2637 [
2638 [
2639
2640 a consecutive sentence to any other sentence the actor is either serving or ordered to serve.
2641 [
2642 [
2643 [
2644
2645
2646 [
2647
2648
2649 [
2650 [
2651
2652
2653 [
2654
2655
2656
2657
2658 [
2659
2660 [
2661 [
2662
2663 [
2664 [
2665
2666 [
2667
2668
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) [
2694 (a) As used in this section:
2695 [
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 [
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 [
2702 operated by a law enforcement agency.
2703 [
2704 term is defined in Section 26B-5-301.
2705 [
2706 which certain persons are restricted from transporting [
2707 weapon, ammunition, [
2708 [
2709 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
2710 (2) (a) [
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, [
2713
2714 (b) Subsections (2)(a), (3), (4), [
2715 area hearing [
2716 (3) [
2717 one notice [
2718 a firearm, ammunition, dangerous weapon, or explosive is restricted.
2719 (4) (a) [
2720 section shall provide a secure weapons storage area so that [
2721 secure area may store [
2722 secure area.
2723 (b) The entity operating the facility shall be responsible for [
2724 [
2725 [
2726
2727
2728 [
2729
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) [
2734 transports, possesses, distributes, or sells [
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 [
2767
2768 [
2769 substance under Title 58, Chapter 37, Utah Controlled Substances Act.
2770 [
2771 [
2772 to house [
2773 [
2774 [
2775 [
2776 [
2777 granted to the state, municipality, or county for use as a correctional facility.
2778 [
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 [
2784 17b, Pharmacy Practice Act, but does not include [
2785 defined in Title 58, Chapter 37, Utah Controlled Substances Act.
2786 [
2787 26B-5-301.
2788 [
2789 76-10-101.
2790 [
2791 facility.
2792 [
2793 [
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 [
2801 (b) sold or given away at [
2802 (c) given to or used by [
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 [
2807
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 [
2817
2818
2819 [
2820
2821
2822 [
2823
2824
2825 [
2826
2827
2828
2829 [
2830
2831
2832 [
2833
2834
2835
2836 [
2837 [
2838 [
2839 [
2840
2841
2842 [
2843 [
2844 [
2845 [
2846
2847
2848 [
2849 [
2850
2851 [
2852 [
2853
2854
2855 [
2856
2857 [
2858
2859
2860
2861 [
2862
2863
2864 [
2865
2866
2867 [
2868 [
2869 [
2870 [
2871
2872
2873
2874 [
2875
2876 [
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 [
2888
2889
2890 [
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) [
3042 after pretrial release if the actor:
3043 (a) has been [
3044 court order or by other lawful authority upon condition that [
3045 personally upon a charge of an offense[
3046 (b) fails without just cause to appear at the time and place [
3047 lawfully designated for [
3048 [
3049
3050
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) [
3068 [
3069 violence, to inflict bodily injury [
3070 intimidate, or interfere with the elected official in the performance of [
3071 official duties or with the intent to retaliate against the elected official because of the
3072 performance of [
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 [
3084 Parole.
3085 [
3086 [
3087 [
3088
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) [
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, [
3096
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 [
3102
3103
3104
3105
3106
3107 [
3108
3109
3110
3111
3112
3113 [
3114
3115
3116
3117
3118 [
3119
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) [
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 [
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[
3182
3183 (b) refuses to comply with the order described in Subsection (2)(a).
3184 [
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 [
3190 76-5-102.
3191 [
3192 Family Services created in Section 80-2-201.
3193 [
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) [
3197
3198 against child welfare worker if:
3199 (a) the [
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 [
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) [
3209 is a third degree felony if the [
3210 [
3211 [
3212 Section 66. Section 76-8-319, which is renumbered from Section 76-8-311.5 is
3213 renumbered and amended to read:
3214 [
3215 Trespass of a secure care facility -- Criminal penalties.
3216 (1) (a) As used in this section:
3217 [
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 [
3234 [
3235 [
3236 80-1-102.
3237 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3238 [
3239
3240 [
3241
3242 [
3243
3244 [
3245
3246 [
3247 or concealing an adjudicated minor if the actor:
3248 (a) knowingly harbors or conceals [
3249 (i) escaped from secure care; or
3250 (ii) [
3251 (A) a facility or supervision; or
3252 (B) supervision of the division; or
3253 (b) willfully aided or assisted [
3254 lawfully committed to a secure care facility in escaping or attempting to escape from the secure
3255 care facility.
3256 [
3257 [
3258
3259 [
3260 [
3261 [
3262 [
3263
3264
3265 [
3266 [
3267 [
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 [
3290 servant if:
3291 [
3292 fulfill the [
3293 [
3294 public property is to fulfill the [
3295 [
3296 matter, a written policy of the [
3297 the [
3298 the primary purpose of fulfilling the [
3299 [
3300 manner and in accordance with the policy described in Subsection [
3301 [
3302
3303 [
3304
3305 outweighs the personal benefit received by the [
3306 public property for a personal matter; and
3307 [
3308 is not prohibited by law or by the [
3309 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3310 (2) [
3311 public property if the actor is a public servant and knowingly:
3312 (a) [
3313 benefit or to the use or benefit of another person without authority of law;
3314 (b) [
3315 (c) [
3316 disbursed by authority of law;
3317 (d) [
3318 written policy of the [
3319 (e) [
3320 of, or relating to, public money;
3321 (f) fraudulently [
3322 an account described in Subsection (2)(e);
3323 (g) [
3324 [
3325 drawn upon the public money by competent authority;
3326 (h) [
3327 (i) [
3328 authorized by law to receive public money, public money received by the [
3329 under any duty imposed on the [
3330 (j) [
3331 written policy of the [
3332 (k) [
3333 with the intent to deprive the owner of possession of the public property;
3334 (l) [
3335 with the intent to temporarily appropriate, possess, use, or deprive the owner of possession of
3336 the public property;
3337 (m) [
3338 or benefit or to the use or benefit of another person without authority of law;
3339 (n) [
3340 (o) [
3341 returned to the property owner[
3342 written policy of the [
3343 (3) (a) Except as provided [
3344 Subsections (2)(a) through (i) is a third degree felony [
3345 [
3346
3347 [
3348 [
3349 [
3350 [
3351 fraudulently altered amount exceeds $5,000; or
3352 [
3353 account exceeds $5,000.
3354 [
3355 [
3356 less than $500;
3357 [
3358 $500 or more, but less than $1,500;
3359 [
3360 public property is $1,500 or more, but less than $5,000; or
3361 [
3362 the public property is $5,000 or more.
3363 [
3364 [
3365 [
3366 but less than $1,500;
3367 [
3368 is $1,500 or more, but less than $5,000; or
3369 [
3370 property is $5,000 or more.
3371 [
3372 [
3373 [
3374 but less than $1,500;
3375 [
3376 more, but less than $5,000; or
3377 [
3378 is $5,000 or more.
3379 [
3380
3381 [
3382 [
3383 [
3384 [
3385 [
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 [
3390 the public property if it is proven, beyond a reasonable doubt, that the [
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 [
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 [
3410 (b) neglects or fails to keep and pay over the public money in the manner prescribed by
3411 law [
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 [
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 [
3421 prescribed by law [
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 [
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 [
3429 or other sums of money from collecting [
3430 [
3431
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 [
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 [
3439 county assessor a list of [
3440 or [
3441 (b) gives a false name, or fraudulently refuses to give [
3442 demanded by the county assessor or deputy county assessor in the discharge of [
3443 assessor's official duties[
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 [
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 [
3451 payment for [
3452 (b) receives payment for the tax or license without delivering the receipt prescribed by
3453 law[
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 [
3459
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 [
3463 each [
3464
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 [
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 [
3481 which a license is required by [
3482 [
3483
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 [
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) [
3492 indirectly contracts for or purchases a warrant or order issued by the state, county, city, town,
3493 or district of which [
3494 the warrant or order[
3495
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 [
3500
3501
3502
3503
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 [
3520
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) [
3534 actor knowingly procures or offers [
3535 recorded in [
3536 recorded under [
3537
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) [
3543 official survey if the actor willfully injures, defaces, or removes [
3544 building, or appurtenance thereto, placed, erected, or used by persons engaged in the United
3545 States or state survey [
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) [
3551 ferry without authority if the actor, without authority:
3552 (a) demands or receives compensation for the use of [
3553 (b) sets up or keeps [
3554 of receiving remuneration for [
3555
3556
3557
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) [
3571 proclamation if the actor intentionally defaces, obliterates, tears down, or destroys:
3572 (a) [
3573 of this state[
3574 (b) [
3575 authority of [
3576 [
3577 advertisement, or notice was to remain set up[
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 [
3583 [
3584 80-1-102.
3585 [
3586 80-1-102.
3587 [
3588 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
3589 (2) [
3590 the actor willfully and intentionally breaks down, pulls down, destroys, floods, or otherwise
3591 damages [
3592 shelter facility, or a secure care facility[
3593 (3) A violation of Subsection (2) is a third degree felony.
3594 [
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) [
3600 intentionally, knowingly, or recklessly digs up, removes, displaces, breaks, or otherwise
3601 damages or destroys [
3602 authority of law, or [
3603
3604 (3) Except as provided in Subsection (4), a violation of Subsection (2) is a third degree
3605 felony.
3606 [
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 [
3613
3614
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[
3625
3626 (2) "Material" means capable of affecting the course or outcome of an official
3627 proceeding, unless the [
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) [
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) [
3640 described in Subsection (3)(a)(i);
3641 (b) [
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 [
3653 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
3654 section.
3655 (2) [
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 [
3659 to be true; or
3660 [
3661 within the period of limitations, one of which is false and [
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) [
3675
3676 [
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 [
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 [
3685 (b) [
3686 the period of limitations, one of which is false and not believed by the [
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 [
3700 described in Section 36-12-9.5.
3701 [
3702
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 [
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 [
3710
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 [
3722 [
3723 (b) A violation of Subsection [
3724 on a financial declaration described in Section 77-38b-204.
3725 [
3726
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) [
3736 making a false statement to be used in a preliminary hearing if the actor makes a false
3737 statement that:
3738 (a) [
3739 (b) [
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 [
3745 [
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 [
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) [
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 [
3781 [
3782 [
3783 [
3784 [
3785 [
3786 [
3787 [
3788 [
3789
3790 [
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 [
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 [
3802 or personnel with a purpose of inducing the recipient of the information to believe that another
3803 person has committed an offense;
3804 [
3805 commission of an offense to a peace officer, [
3806 personnel, or to [
3807 psychology, or marriage and family therapy, [
3808
3809 information relating to the offense or danger; or
3810 [
3811 local government agency or personnel with a purpose of inducing a change in the [
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) [
3819 personal information to a peace officer if the actor knowingly:
3820 (a) with intent of misleading a peace officer as to the [
3821 date, or place of residence, [
3822 [
3823 [
3824 peace officer to believe that the [
3825 the name, birth date, or address of another [
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) [
3834 a witness if[
3835 (a) (i) [
3836 about to be instituted[
3837 (ii) [
3838 (b) [
3839 [
3840 [
3841 [
3842 [
3843 which [
3844 [
3845
3846
3847 (3) A violation of Subsection (2) is a third degree felony.
3848 [
3849 violation under this section does not merge with [
3850 committed in the course of [
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 [
3854 (1) (a) [
3855 (i) "An individual closely associated with a witness, victim, or informant [
3856
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 [
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 [
3864
3865
3866 [
3867 [
3868 [
3869 [
3870
3871 [
3872 [
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) [
3881
3882 (4) [
3883 under this section does not merge with [
3884 the course of [
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 [
3890 [
3891 [
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) [
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 [
3899 [
3900 [
3901 [
3902 be a threat to injure:
3903 [
3904 [
3905 welfare the juror is interested[
3906 [
3907 unlawful act in retaliation for [
3908 the juror's service:
3909 [
3910 [
3911 welfare the juror is interested.
3912 [
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) [
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) [
3942
3943
3944
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 [
3950
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) [
3958 the actor:
3959 (a) (i) believes that an official proceeding or investigation is pending or about to be
3960 instituted[
3961 (ii) intends to prevent an official proceeding or investigation or to prevent the
3962 production of [
3963 official proceeding or investigation[
3964 (b) knowingly or intentionally:
3965 [
3966 impairing the veracity or availability of the thing or item in the proceeding or investigation; or
3967 [
3968 to be false with the purpose of deceiving a public servant or [
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 [
3975 Section 76-8-306.
3976 [
3977
3978 [
3979
3980 Section 102. Section 76-8-511 is amended to read:
3981 76-8-511. Falsification or alteration of a government record.
3982 [
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, [
3988 [
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 [
3992 taken as a genuine part of information or [
3993 or
3994 [
3995 of the information 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 [
4002 (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
4003 section.
4004 [
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 [
4007 official authority or to rely upon [
4008 [
4009 intent to deceive another individual or to induce another individual to submit to [
4010 pretended official authority or to rely upon [
4011 [
4012 other form of identification, [
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 [
4015 pretended official authority or to rely upon [
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 [
4020
4021
4022
4023
4024
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 [
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) [
4057 class A misdemeanor.
4058 (b) [
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) [
4070
4071
4072
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) [
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 [
4083
4084
4085
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) [
4092 justice court judge if the actor:
4093 (a) is a justice court judge [
4094 (b) issues a writ of attachment[
4095
4096 (i) before the affidavit is filed[
4097 (ii) [
4098 requirements of Rule 64C of the Utah Rules of Civil Procedure.
4099 (3) [
4100 of Subsection (2) is a class B misdemeanor [
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[
4104 (b) all costs paid by [
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 [
4149
4150 [
4151
4152 [
4153 [
4154 [
4155 [
4156 [
4157
4158 [
4159 [
4160
4161 [
4162
4163
4164 [
4165 institution of higher education, as defined in Section 53B-3-102, does not warrant an order to
4166 leave under Subsection [
4167 firearm is otherwise complying with all state laws regulating the possession and use of a
4168 firearm.
4169 [
4170
4171
4172
4173 [
4174
4175 [
4176 [
4177 [
4178 [
4179 leave under Subsection [
4180 Subsection [
4181 the process required by the institution of higher education's rules and regulations.
4182 [
4183
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) [
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 [
4192 [
4193 [
4194 [
4195 [
4196 [
4197 of the member's duties; or
4198 [
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 [
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) [
4211 Subsection (2)(a) will hinder, delay, or interfere with the preparation of the United States [
4212
4213 prosecution of war by the United States[
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) [
4223 preparation for defense or war if the actor:
4224 (a) intentionally makes or causes to be made or omits to note on inspection [
4225 defect in [
4226 (b) [
4227 used in connection with the preparation of the United States [
4228 or of a state government for defense or for war, or for the prosecution of war by the United
4229 States[
4230
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 [
4237
4238
4239
4240
4241
4242
4243
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 [
4259 crime under this part and regardless of whether an additional act is done in furtherance of the
4260 conspiracy, each [
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 [
4263 actor had committed the crime [
4264
4265 (b) It is not a defense or ground of suspension of judgment, sentence, or punishment
4266 [
4267 conspirators [
4268 amenable to justice or [
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 [
4275
4276
4277
4278
4279
4280
4281
4282
4283
4284
4285
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 [
4295
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 [
4311
4312
4313
4314
4315
4316
4317
4318
4319
4320
4321 [
4322
4323
4324
4325
4326
4327
4328
4329
4330
4331
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) [
4379
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 [
4385 labor organizations, to bargain collectively through representatives of [
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 [
4391 (1) "Criminal syndicalism" [
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, [
4397
4398
4399 Section 121. Section 76-8-902 is amended to read:
4400 76-8-902. Advocating criminal syndicalism or sabotage.
4401 [
4402
4403
4404
4405
4406
4407
4408
4409
4410
4411
4412
4413
4414
4415
4416
4417
4418
4419
4420
4421
4422
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 [
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[
4457
4458 (ii) the duty, necessity, propriety, or expediency of [
4459 violence, [
4460 bodily injury to [
4461 unlawful act [
4462
4463
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) [
4473 occupation of [
4474 (b) knowingly permits [
4475 prohibited [
4476
4477
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" [
4484 in Section 35A-3-102.
4485 (3) "Provider" [
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" [
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) [
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 [
4497 receive public assistance, including the [
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 [
4503 eligibility;
4504 (f) assets that may affect the [
4505 (g) any other material fact or change in circumstance that may affect the determination
4506 of [
4507 the amount of benefits for which the [
4508 [
4509
4510
4511 [
4512
4513
4514
4515
4516 [
4517
4518
4519
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 [
4699 (1) a paid state warrant made to the order of [
4700 through an electronic benefit card issued to [
4701 evidence that the [
4702 (2) all of the records in the custody of the [
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 [
4707
4708 [
4709
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 [
4714
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 [
4719 (a) makes a false statement or representation, knowing the representation is false; or
4720 (b) knowingly fails to disclose a material fact.
4721 [
4722 (i) a class B misdemeanor [
4723 obtained is less than $500;
4724 (ii) a class A misdemeanor [
4725 obtained is or exceeds $500 but is less than $1,500;
4726 (iii) a third degree felony [
4727 obtained is or exceeds $1,500 but is less than $5,000; or
4728 (iv) a second degree felony [
4729 obtained is or exceeds $5,000.
4730 [
4731
4732 unlawful conduct.
4733 [
4734
4735
4736
4737
4738
4739
4740
4741
4742
4743 [
4744 [
4745
4746 [
4747
4748 [
4749
4750 [
4751
4752 [
4753
4754
4755
4756
4757 [
4758 [
4759 [
4760
4761
4762
4763 [
4764
4765
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 [
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 [
4850 (a) [
4851 activities by the actor's presence or act; and
4852 (b) remains upon the place under Subsection [
4853 by the chief administrator of that school.
4854 [
4855
4856 [
4857 (3) (a) Except as provided under Subsection (4), a first [
4858 Subsection [
4859 [
4860
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 [
4871 secondary school through grade 12, including all buildings and property of the school.
4872 [
4873 [
4874 [
4875 or program; and
4876 [
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) [
4880 unlawful evasion of law enforcement [
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 [
4885 pursuit or apprehension by [
4886 (3) A violation of Subsection (2) is a class A misdemeanor.
4887 [
4888 know that the [
4889 [
4890 [
4891 [
4892 [
4893
4894 (a) [
4895 under Section 41-6a-210; or
4896 (b) [
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) [
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) [
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) [
4954 76-8-508;
4955 (xv) [
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 [
4959 criminal proceeding under Section 76-8-509;
4960 [
4961 if the violation occurs at an official meeting;
4962 [
4963 [
4964 [
4965 [
4966 [
4967 Section 76-10-1801;
4968 [
4969 Transaction Reporting Act; or
4970 [
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) [
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) [
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) [
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) [
5027 76-8-508;
5028 (xiv) [
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 [
5032 criminal proceeding under Section 76-8-509;
5033 [
5034 the violation occurs at an official meeting;
5035 [
5036 [
5037 [
5038 [
5039 [
5040 Section 76-10-1801;
5041 [
5042 Transaction Reporting Act;
5043 [
5044
5045 [
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 [
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 [
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) [
5129 Unauthorized Recording Practices Act;
5130 (b) [
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[
5134 Resources Act, or Section 23A-5-311;
5135 (d) false claims for medical benefits, kickbacks, [
5136 [
5137 26B-3-1112;
5138 (e) [
5139 Criminal Offenses and Procedure Act;
5140 (f) [
5141 Utah Uniform Land Sales Practices Act;
5142 (g) [
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) [
5147 Utah Uniform Securities Act;
5148 (i) [
5149 Utah Procurement Code;
5150 (j) assault [
5151 (k) aggravated assault under Section 76-5-103;
5152 [
5153 [
5154 [
5155 [
5156 (o) aggravated kidnapping under Section 76-5-302;
5157 [
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[
5161
5162 (t) benefiting from trafficking and human smuggling under Section 76-5-309[
5163 (u) aggravated human trafficking under Section 76-5-310;
5164 [
5165 (w) aggravated sexual exploitation of a minor[
5166 76-5b-201.1;
5167 [
5168 (y) [
5169 [
5170 [
5171 (bb) [
5172 [
5173 [
5174 Section 76-6-205;
5175 [
5176 (ff) [
5177 [
5178 [
5179 [
5180 [
5181 [
5182 [
5183 [
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[
5187 (oo) financial transaction card offenses under Section 76-6-506.6;
5188 [
5189 [
5190 or criticism of goods[
5191 [
5192 [
5193 [
5194 76-6-512;
5195 [
5196 [
5197 [
5198 [
5199 [
5200 [
5201 [
5202 [
5203 [
5204 [
5205 [
5206 [
5207 [
5208 76-8-104;
5209 [
5210 [
5211 under Section 76-8-106;
5212 [
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 [
5216 (lll) official misconduct concerning inside information under Section 76-8-202;
5217 [
5218 Section 76-8-306;
5219 [
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 [
5224 Section 76-8-502;
5225 [
5226 76-8-503;
5227 [
5228 [
5229 76-8-508;
5230 [
5231 76-8-508.3;
5232 (uuu) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5233 [
5234 76-8-509;
5235 [
5236 [
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 [
5240 assistance under Section [
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 [
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 [
5254 under Subsection 76-9-301(2)(d) or (e), or Section 76-9-301.1;
5255 [
5256 devices or parts[
5257 [
5258 incendiary device[
5259 [
5260 76-10-507;
5261 [
5262 [
5263 76-10-522;
5264 [
5265 under Section 76-10-1002;
5266 [
5267 devices[
5268 [
5269 under Section 76-10-1004;
5270 [
5271 mark with intent to defraud[
5272 [
5273 [
5274 [
5275 [
5276 [
5277 [
5278 [
5279 76-10-1205;
5280 [
5281 [
5282 [
5283 [
5284 [
5285 [
5286 [
5287 [
5288 [
5289 Laundering and Currency Transaction Reporting Act;
5290 [
5291 [
5292 governing taxation in this state; [
5293 [
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) [
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) [
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[
5317 (B) conspiracy[
5318 (C) solicitation[
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[
5322 (e) (i) aggravated murder[
5323 (ii) murder[
5324 (iii) manslaughter[
5325 (f) (i) kidnapping[
5326 (ii) child kidnapping[
5327 (iii) aggravated kidnapping[
5328 (iv) human trafficking[
5329 (v) human trafficking for sexual exploitation under Section 76-5-308.1[
5330 (vi) [
5331 (vii) human smuggling[
5332 [
5333 (ix) aggravated human smuggling[
5334 (g) (i) arson[
5335 (ii) aggravated arson[
5336 (h) (i) burglary[
5337 (ii) aggravated burglary[
5338 (i) (i) robbery[
5339 (ii) aggravated robbery[
5340 (j) an offense:
5341 (i) of:
5342 (A) theft[
5343 (B) theft by deception[
5344 (C) theft by extortion[
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[
5348 (l) a financial card transaction offense punishable by a maximum term of imprisonment
5349 of more than one year[
5350 (m) bribery of a labor official[
5351 (n) bribery or threat to influence a publicly exhibited contest[
5352 76-6-514;
5353 (o) a criminal simulation offense punishable by a maximum term of imprisonment of
5354 more than one year[
5355 (p) criminal usury[
5356 (q) insurance fraud punishable by a maximum term of imprisonment of more than one
5357 year[
5358 (r) a violation [
5359 punishable by a maximum term of imprisonment of more than one year[
5360 76-6-703;
5361 (s) bribery to influence official or political actions[
5362 (t) misusing public money or public property[
5363 (u) tampering with a witness [
5364 76-8-508;
5365 (v) retaliation against a witness, victim, or informant[
5366 (w) tampering [
5367 76-8-508.5;
5368 (x) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5369 [
5370 76-8-509;
5371 [
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 [
5376 defense or war[
5377 [
5378 [
5379 [
5380 [
5381 under Section 76-8-903;
5382 [
5383 year[
5384 [
5385 punishable by a maximum term of imprisonment of more than one year[
5386 76-9-301.1;
5387 [
5388 and parts[
5389 [
5390 incendiary device[
5391 [
5392 [
5393 [
5394 76-10-1504;
5395 [
5396 [
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 [
5402 [
5403 [
5404 punishable by a maximum term of imprisonment of more than one year[
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[
5420 (b) aggravated cruelty to an animal[
5421 with the intent to harass or threaten the other cohabitant;
5422 (c) assault[
5423 (d) criminal homicide[
5424 (e) harassment[
5425 (f) electronic communication harassment[
5426 (g) kidnapping, child kidnapping, or aggravated kidnapping[
5427 Sections 76-5-301, 76-5-301.1, and 76-5-302;
5428 (h) mayhem[
5429 (i) sexual offenses[
5430 Offenses[
5431 (j) sexual exploitation of a minor [
5432
5433 (k) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
5434 [
5435 [
5436 under Section 76-5-304;
5437 [
5438 under Section 76-5-108;
5439 [
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 [
5443 Section 76-10-507;
5444 [
5445 any person, building, or vehicle[
5446 [
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 [
5454 [
5455 76-10-506;
5456 [
5457 [
5458 [
5459 Section 76-8-508.3;
5460 (x) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
5461 [
5462 76-5b-203[
5463 (z) unlawful distribution of a counterfeit intimate image[
5464 Section 76-5b-205;
5465 [
5466 [
5467 [
5468 Section 76-6-108; or
5469 [
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 [
5523 (ii) within five years after the day on which the individual is convicted of a [
5524
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 [
5533 (ii) within five years after the day on which the individual is convicted of a [
5534
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 [
5542 and
5543 (B) is convicted of another qualifying domestic violence offense that is not a [
5544
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 [
5551 (B) is convicted of another [
5552 on which the individual is convicted of the [
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 [
5558 and within five years after the day on which the individual is convicted of a [
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 [
5566 (B) within five years after the day on which the individual is convicted of a [
5567
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 [
5574 tampering with a witness, and Section 76-8-509, regarding [
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.