Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 222 First Substitute (2018GS)

Sponsor

Rep. Maloy, A.C.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• changes the statute for failure to stop at the command of a law enforcement officer, to failure to stop at the command of a peace officer; and
• makes technical amendments.

Every vote on this bill

Bill text

PEACE OFFICER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
 Ann Millner
LONG TITLE
General Description:
This bill clarifies that it is unlawful to flee from a peace officer.
Highlighted Provisions:
This bill:
▸ changes the statute for failure to stop at the command of a law enforcement officer,
to failure to stop at the command of a peace officer; and
▸ makes technical amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-8-305.5
, as enacted by Laws of Utah 2005, Chapter 288
76-8-1403
, as enacted by Laws of Utah 2009, Chapter 284
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-8-305.5
 is amended to read:
76-8-305.5.
Failure to stop at the command of a peace officer.
A person is guilty of a class A misdemeanor who flees from or otherwise attempts to
elude a [
law enforcement
] 
peace
 officer:
(1) after the officer has issued a verbal or visual command to stop;
(2) for the purpose of avoiding arrest; and
(3) by any means other than a violation of Section 
41-6a-210
 regarding failure to stop a
vehicle at the command of a [
law enforcement
] 
peace
 officer.
Section 2. Section 
76-8-1403
 is amended to read:
76-8-1403.
Evading law enforcement by going onto school property -- Penalty --
Restitution.
(1) As used in this section:
(a) "School" means any public or private kindergarten, elementary, or secondary school
through grade 12, including all buildings and property of the school.
(b) "School property" means real property:
(i) that is owned or occupied by a public or private school; or
(ii) (A) that is temporarily occupied by students for a school-related activity or
program; and
(B) regarding which, during the time the activity or program is being conducted, the
main use of the real property is allocated to participants in the activity or program.
(2) A person is guilty of the class A misdemeanor of evading law enforcement while on
school property, if the person enters onto school property when:
(a) students are attending the school or students are participating in any school-related
activity or program on school property; and
(b) the person is in the act of fleeing or evading, or attempting to flee or evade, pursuit
or apprehension by any peace officer.
(3) It is not a defense that the person did not know that the person had entered onto
school property.
(4) As a part of the sentence for violation of this section, the court shall order the
defendant to reimburse the school for costs incurred by the school in responding to the
defendant's presence on the school property.
(5) The offense under this section of evading law enforcement while on school
property is a separate offense from a violation of:
(a) Section 
41-6a-210
, regarding failure to respond to an officer's signal to stop; or
(b) Section 
76-8-305.5
, regarding failure to stop at the command of a [
law
enforcement
] 
peace
 officer.
Legislative Review Note
Office of Legislative Research and General Counsel