Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 124 Second Substitute (2017GS)

Sponsor

Rep. Maloy, A.C.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• adds the following to the assault against a peace officer statute:
• correctional officers;
• special function officers; and
• federal officers.

Every vote on this bill

Bill text

ASSAULT ON A PEACE OFFICER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill adds more peace officer classifications to the assault against a peace officer
statute.
Highlighted Provisions:
This bill:
▸ adds the following to the assault against a peace officer statute:
• correctional officers;
• special function officers; and
• federal officers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-102.4
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-102.4
 is amended to read:
76-5-102.4.
Assault against peace officer or a military servicemember in uniform
-- Penalties.
(1) As used in this section:
(a) "Military servicemember in uniform" means:
(i) a member of any branch of the United States military who is wearing a uniform as
authorized by the member's branch of service; or
(ii) a member of the National Guard serving as provided in Section 
39-1-5
 or 
39-1-9
.
(b) "Peace officer" means
:
(i)
 a law enforcement officer certified under Section 
53-13-103
[
.
]
;
(ii) a correctional officer under Section 
53-13-104
;
(iii) a special function officer under Section 
53-13-105
; or
(iv) a federal officer under Section 
53-13-106
.
(2) A person is guilty of a class A misdemeanor, except as provided in Subsections (3)
and (4), who:
(a) assaults a peace officer, with knowledge that the person is a peace officer, and when
the peace officer is acting within the scope of authority as a peace officer; or
(b) assaults a military servicemember in uniform when that servicemember is on orders
and acting within the scope of authority granted to the military servicemember in uniform.
(3) A person who violates Subsection (2) is guilty of a third degree felony if the
person:
(a) has been previously convicted of a class A misdemeanor or a felony violation of
this section; or
(b) the person causes substantial bodily injury.
(4) A person who violates Subsection (2) is guilty of a second degree felony if the
person uses:
(a) a dangerous weapon as defined in Section 
76-1-601
; or
(b) other means or force likely to produce death or serious bodily injury.
(5) A person who violates this section shall serve, in jail or another correctional
facility, a minimum of:
(a) 90 consecutive days for a second offense; and
(b) 180 consecutive days for each subsequent offense.
(6) The court may suspend the imposition or execution of the sentence required under
Subsection (5) if the court finds that the interests of justice would be best served by the
suspension and the court makes specific findings concerning the disposition on the record.
(7) This section does not affect or limit any individual's constitutional right to the
lawful expression of free speech, the right of assembly, or any other recognized rights secured
by the Constitution or laws of Utah or by the Constitution or laws of the United States.