Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 103 First Substitute (2021GS)

Sponsor

Rep. Hall, C.

Final action

House/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• makes threatening or harming a prosecutor in relation to a criminal proceeding a felony;
• adds certain threatening communications to the list of crimes constituting obstruction of justice; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RETALIATION AND OBSTRUCTION OF JUSTICE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill makes changes to certain criminal statutes regarding interfering with an
investigation or legal proceeding. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ makes threatening or harming a prosecutor in relation to a criminal proceeding a
felony;
▸ adds certain threatening communications to the list of crimes constituting
obstruction of justice; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-403
, as last amended by Laws of Utah 2020, Chapters 142, 214, and 415
76-8-306
, as last amended by Laws of Utah 2009, Chapter 213
76-8-316
, as last amended by Laws of Utah 2013, Chapter 432
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-10-403
 is amended to read:
53-10-403.
DNA specimen analysis -- Application to offenders, including minors.
(1) Sections 
53-10-403.6,
 53-10-404, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to
any person who:
(a) has pled guilty to or has been convicted of any of the offenses under Subsection
(2)(a) or (b) on or after July 1, 2002;
(b) has pled guilty to or has been convicted by any other state or by the United States
government of an offense which if committed in this state would be punishable as one or more
of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(c) has been booked on or after January 1, 2011, through December 31, 2014, for any
offense under Subsection (2)(c);
(d) has been booked:
(i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any felony offense; or
(ii) on or after January 1, 2015, for any felony offense; or
(e) is a minor under Subsection (3).
(2) Offenses referred to in Subsection (1) are:
(a) any felony or class A misdemeanor under the Utah Code;
(b) any offense under Subsection (2)(a):
(i) for which the court enters a judgment for conviction to a lower degree of offense
under Section 
76-3-402
; or
(ii) regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section 
77-2a-1
; or
(c) (i) any violent felony as defined in Section 
53-10-403.5
;
(ii) sale or use of body parts, Section 
26-28-116
;
(iii) failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(iv) driving with any amount of a controlled substance in a person's body and causing
serious bodily injury or death, Subsection 
58-37-8
(2)(g);
(v) a felony violation of enticing a minor over the Internet, Section 
76-4-401
;
(vi) a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers, Section
76-5-102.6
;
(vii) aggravated human trafficking and aggravated human smuggling, Section
76-5-310
;
(viii) a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(ix) a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(x) unlawful sexual contact with a 16 or 17-year old, Section 
76-5-401.2
;
(xi) sale of a child, Section 
76-7-203
;
(xii) aggravated escape, Subsection 
76-8-309
(2);
(xiii) a felony violation of assault on an elected official, Section 
76-8-315
;
(xiv) influencing, impeding, or retaliating against a judge
, prosecuting attorney,
 or
member of the Board of Pardons and Parole, Section 
76-8-316
;
(xv) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xvi) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xvii) a felony violation of sexual battery, Section 
76-9-702.1
;
(xviii) a felony violation of lewdness involving a child, Section 
76-9-702.5
;
(xix) a felony violation of abuse or desecration of a dead human body, Section
76-9-704
;
(xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-10-402
;
(xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section 
76-10-403
;
(xxii) possession of a concealed firearm in the commission of a violent felony,
Subsection 
76-10-504
(4);
(xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
Subsection 
76-10-1504
(3);
(xxiv) commercial obstruction, Subsection 
76-10-2402
(2);
(xxv) a felony violation of failure to register as a sex or kidnap offender, Section
77-41-107
;
(xxvi) repeat violation of a protective order, Subsection 
77-36-1.1
(2)(c); or
(xxvii) violation of condition for release after arrest under Section 
78B-7-802
 .
(3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
by the juvenile court due to the commission of any offense described in Subsection (2), and
who:
(a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
court on or after July 1, 2002; or
(b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
2002
,
 for an offense under Subsection (2).
Section 2. Section 
76-8-306
 is amended to read:
76-8-306.
Obstruction of justice in criminal investigations or proceedings --
Elements -- Penalties -- Exceptions.
(1) As used in this section "conduct that constitutes a criminal offense" means conduct
that would be punishable as a crime and is separate from a violation of this section, including:
(a) any violation of a criminal statute or ordinance of the state, a political subdivision
of the state, another state, or a district, possession, or territory of the United States; and
(b) conduct committed by a juvenile that would be a crime if committed by an adult.
[
(1)
] 
(2)
 An actor commits obstruction of justice if the actor, with intent to hinder,
delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of
[
any person
] 
an individual
 regarding conduct that constitutes a criminal offense:
(a) provides [
any person
] 
an individual
 with a weapon;
(b) prevents by force, intimidation, or deception, [
any person
] 
an individual
 from
performing any act that might aid in the discovery, apprehension, prosecution, conviction, or
punishment of [
any
] 
a
 person;
(c) alters, destroys, conceals, or removes [
any item or other thing
] 
an item
;
(d) makes, presents, or uses [
any
] 
an
 item or thing known by the actor to be false;
(e) harbors or conceals [
a person
] 
an individual
;
(f) provides [
a person
] 
an individual
 with transportation, disguise, or other means of
avoiding discovery or apprehension;
(g) warns [
any person
] 
an individual
 of impending discovery or apprehension;
(h) warns [
any person
] 
an individual
 of an order authorizing the interception of wire
communications or of a pending application for an order authorizing the interception of wire
communications;
(i) conceals information that is not privileged and that concerns the offense, after a
judge or magistrate has ordered the actor to provide the information; or
(j) provides false information regarding a suspect, a witness, the conduct constituting
an offense, or any other material aspect of the investigation.
[
(2) (a) As used in this section, "conduct that constitutes a criminal offense" means
conduct that would be punishable as a crime and is separate from a violation of this section,
and includes:
]
[
(i) any violation of a criminal statute or ordinance of this state, its political
subdivisions, any other state, or any district, possession, or territory of the United States; and
]
[
(ii) conduct committed by a juvenile which would be a crime if committed by an
adult.
]
[
(b) A
] 
(3) For purposes of this section, a
 violation of a criminal statute that is
committed in another state, or [
any
] 
a
 district, possession, or territory of the United States, is a:
[
(i)
] 
(a)
 capital felony if the penalty provided includes death or life imprisonment
without parole;
[
(ii)
] 
(b)
 a first degree felony if the penalty provided includes life imprisonment with
parole or a maximum term of imprisonment exceeding 15 years;
[
(iii)
] 
(c)
 a second degree felony if the penalty provided exceeds five years;
[
(iv)
] 
(d)
 a third degree felony if the penalty provided includes imprisonment for any
period exceeding one year; and
[
(v)
] 
(e)
 a misdemeanor if the penalty provided includes imprisonment for any period
of one year or less.
[
(3)
] 
(4)
 Obstruction of justice is:
(a) a second degree felony if the conduct which constitutes an offense would be a
capital felony or first degree felony;
(b) a third degree felony if:
(i) the conduct that constitutes an offense would be a second or third degree felony and
the actor violates Subsection [
(1)
] 
(2)
(b), (c), (d), (e), or (f);
(ii) the conduct that constitutes an offense would be any offense other than a capital or
first degree felony and the actor violates Subsection [
(1)
] 
(2)
(a);
(iii) the obstruction of justice is presented or committed before a court of law; or
(iv) a violation of Subsection [
(1)
] 
(2)
(h); or
(c) a class A misdemeanor for any violation of this section that is not enumerated under
Subsection [
(3)
] 
(4)
(a) or (b).
[
(4)
] 
(5)
 It is not a defense that the actor was unaware of the level of penalty for the
conduct constituting an offense.
[
(5)
] 
(6)
 Subsection [
(1)
] 
(2)
(e) does not apply to harboring a youth offender, which is
governed by Section 
62A-7-402
.
[
(6)
] 
(7)
 Subsection [
(1)
] 
(2)
(b) does not apply to:
(a) tampering with a juror, which is governed by Section 
76-8-508.5
;
(b) influencing, impeding, or retaliating against a judge
, prosecuting attorney,
 or
member of the Board of Pardons and Parole, which is governed by Section 
76-8-316
;
(c) tampering with a witness or soliciting or receiving a bribe, which is governed by
Section 
76-8-508
;
(d) retaliation against a witness, victim, or informant, which is governed by Section
76-8-508.3
; or
(e) extortion or bribery to dismiss a criminal proceeding, which is governed by Section
76-8-509
.
[
(7)
] 
(8)
 Notwithstanding Subsection [
(1), (2), or (3)
] 
(2), (3), or (4)
, an actor commits
a third degree felony if the actor harbors or conceals an offender who has escaped from official
custody as defined in Section 
76-8-309
.
Section 3. Section 
76-8-316
 is amended to read:
76-8-316.
Influencing, impeding, or retaliating against a judge or member of the
Board of Pardons and Parole or acting against a family member of a judge or a member
of the Board of Pardons and Parole.
(1) As used in this section:
(a) "Board member" means an appointed member of the Board of Pardons and Parole.
(b) "Court official" means a judge, prosecuting attorney, or board member.
[
(b)
] 
(c)
 "Family member" means [
parents
] 
an individual's parent
, spouse, surviving
spouse, [
children, and siblings of a judge or board member
] 
child, or sibling
.
[
(c)
] 
(d)
 "Judge" means judges of all courts of record and courts not of record and court
commissioners.
(e) "Prosecuting attorney" means an attorney involved in the criminal prosecution of a
defendant.
(2) [
A person
] 
An individual
 is guilty of a third degree felony if [
the person threatens
]
:
(a) the individual makes a credible threat
 to assault, kidnap, or murder a [
judge, a
family member of a judge, a board member, or a family member of a board member
] 
court
official or a family member of a court official
 with the intent to
:
(i)
 impede, intimidate, or interfere with the [
judge or board member
] 
court official
while engaged in the performance of the [
judge's or board member's
] 
court official's
 official
duties
;
 or [
with the intent to
]
(ii)
 retaliate against the [
judge or board member
] 
court official
 on account of the
performance of those official duties[
.
]
; and
(b) the court official or family member of a court official who is the subject of the
threat reasonably believes the individual will perform the threatened act.
(3) [
A person
] 
An individual
 is guilty of a second degree felony if the [
person
]
individual
 commits an assault on a [
judge, a family member of a judge, a board member, or a
family member of a board member
] 
court official or a family member of a court official
 with
the intent to
:
(a)
 impede, intimidate, or interfere with the [
judge or board member
] 
court official
while engaged in the performance of the [
judge's or board member's
] 
court official's
 official
duties[
, or with the intent to
]
; or
(b)
 retaliate against the [
judge or board member
] 
court official
 on account of the
performance of those official duties.
(4) [
A person
] 
An individual
 is guilty of a first degree felony if the [
person
] 
individual
commits aggravated assault on a [
judge, a family member of a judge, a board member, or a
family member of a board member
] 
court official or a family member of a court official
 with
the intent to
:
(a)
 impede, intimidate, or interfere with the [
judge or board member
] 
court official
while engaged in the performance of the [
judge's or board member's
] 
court official's
 official
duties
;
 or [
with the intent to
]
(b)
 retaliate against the [
judge or board member
] 
court official
 on account of the
performance of those official duties.
(5) [
A person
] 
An individual
 is guilty of a first degree felony if the [
person
] 
individual
commits attempted murder on a family member of a [
judge or a family member of a board
member
] 
court official
 with the intent to
:
(a)
 impede, intimidate, or interfere with the [
judge or board member
] 
court official
while engaged in the performance of the [
judge's or board member's
] 
court official's
 official
duties
;
 or [
with the intent to
]
(b)
 retaliate against the [
judge or board member
] 
court official
 on account of the
performance of those official duties.
(6) A member of the Board of Pardons and Parole is an executive officer for purposes
of Subsection 
76-5-202
(1)(m).