Representative Ken Ivory proposes the following substitute bill:


1     
PENALTY FOR FALSE STATEMENT DURING DRUG ARREST

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: Keith Grover

6     

7     LONG TITLE
8     General Description:
9          This bill modifies offenses related to giving false information to a law enforcement
10     officer.
11     Highlighted Provisions:
12          This bill:
13          ▸     makes it a crime for an actor arrested for a crime to falsely claim the actor ingested
14     drugs before the arrest; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a coordination clause.
20     Utah Code Sections Affected:
21     AMENDS:
22          76-8-506, as last amended by Laws of Utah 2005, Chapter 92
23     Utah Code Sections Affected By Coordination Clause:
24          76-8-506, as last amended by Laws of Utah 2005, Chapter 92
25     

26     Be it enacted by the Legislature of the state of Utah:
27     The following section is affected by a coordination clause at the end of this bill.
28          Section 1. Section 76-8-506 is amended to read:
29          76-8-506. Providing false information to law enforcement officers, government
30     agencies, or specified professionals.
31          [A person] An actor is guilty of a class B misdemeanor if [he]:
32          (1) the actor knowingly gives or causes to be given false information to [any] a peace
33     officer or [any] a state or local government agency or personnel with a purpose of inducing the
34     recipient of the information to believe that another person has committed an offense;
35          (2) the actor knowingly gives or causes to be given to [any] a peace officer, [any] a
36     state or local government agency or personnel, or to [any person] an individual licensed in this
37     state to practice social work, psychology, or marriage and family therapy, information
38     concerning the commission of an offense, knowing that the offense did not occur or knowing
39     that [he] the actor has no information relating to the offense or danger; [or]
40          (3) the actor knowingly gives or causes to be given false information to [any] a state or
41     local government agency or personnel with a purpose of inducing a change in the [person's]
42     actor's licensing or certification status or the licensing or certification status of another person;
43     or
44          (4) (a) at the time of the actor's arrest for an offense, the actor states to a law
45     enforcement officer that the actor ingested drugs before the actor's arrest;
46          (b) the law enforcement officer, based on the actor's statement described in Subsection
47     (4)(a), takes the actor to a health care facility for medical treatment; and
48          (c) a medical examination of the actor demonstrates that the actor's statement described
49     in Subsection (4)(a) was false.
50          Section 2. Effective date.
51          This bill takes effect on May 1, 2024.
52          Section 3. Coordinating H.B. 211 with H.B. 15.
53          If H.B. 211, Penalty for False Statement During Drug Arrest, and H.B. 15, Criminal
54     Code Recodification and Cross References, both pass and become law, the Legislature intends
55     that, on May 1, 2024, Section 76-8-506 be amended to read:
56          "76-8-506. Providing false information to a law enforcement [officers] officer,
57     government [agencies] agency, or specified [professionals] professional.
58          [A person is guilty of a class B misdemeanor if he:]
59          (1) Terms defined in Sections 76-1-101.5, 76-8-101, and 76-8-501 apply to this
60     section.
61          (2) An actor commits providing false information to a law enforcement officer,
62     government agency, or specified professional if:
63          (a) the actor knowingly gives or causes to be given:
64          (i) false information to [any] a peace officer or [any] state or local government agency
65     or personnel with a purpose of inducing the recipient of the information to believe that another
66     person has committed an offense;
67          [(2) knowingly gives or causes to be given to any] (ii) information concerning the
68     commission of an offense to a peace officer, [any] a state or local government agency or
69     personnel, or to [any person] an individual licensed in this state to practice social work,
70     psychology, or marriage and family therapy, [information concerning the commission of an
71     offense,] knowing that the offense did not occur or knowing that [he] the actor has no
72     information relating to the offense or danger; or
73          [(3) knowingly gives or causes to be given] (iii) false information to [any] a state or
74     local government agency or personnel with a purpose of inducing a change in the [person's]
75     actor's licensing or certification status or the licensing or certification status of another person;
76     or
77          (b) (i) at the time of the actor's arrest for an offense, the actor states to a law
78     enforcement officer that the actor ingested drugs before the actor's arrest;
79          (ii) the law enforcement officer, based on the actor's statement described in Subsection
80     (2)(b)(i), takes the actor to a health care facility for medical treatment; and
81          (iii) a medical examination of the actor demonstrates that the actor's statement
82     described in Subsection (2)(b)(i) was false.
83          (3) A violation of Subsection (2) is a class B misdemeanor.".