Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 114 First Substitute (2023GS)

Sponsor

Rep. Albrecht, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that it is not a defense to theft of livestock that the livestock is sick, injured, or a liability to the owner; and
• makes technical changes.

Every vote on this bill

Bill text

THEFT DEFENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends the defenses available to those charged with theft.
Highlighted Provisions:
This bill:
▸ provides that it is not a defense to theft of livestock that the livestock is sick,
injured, or a liability to the owner; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-402
, as last amended by Laws of Utah 2021, Chapter 57
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-6-402
 is amended to read:
76-6-402.
Presumptions and defenses.
The following presumption shall be applicable to this part:
(1) Possession of property recently stolen, when no satisfactory explanation of such
possession is made, shall be deemed prima facie evidence that the person in possession stole
the property.
(2) It is [
no
] 
not a
 defense under this part 
that the actor:
(a)
 [
that the actor
] has an interest in the property or service stolen if another person also
has an interest that the actor is not entitled to infringe, [
provided an interest in property for
purposes of this subsection shall not include
] 
unless the interest is
 a security interest for the
repayment of a debt or obligation[
.
]
; or
(b) takes livestock, as defined in Section 
76-6-110
, from the owner because the
livestock is sick, injured, or a liability to the owner.
(3) It is a defense under this part that the actor:
(a) [
Acted
] 
acted
 under an honest claim of right to the property or service involved;
[
or
]
(b) [
Acted
] 
acted
 in the honest belief that [
he
] 
the actor
 had the right to obtain or
exercise control over the property or service [
as he did
] 
in the manner the actor obtained or
exercised control
; or
(c) [
Obtained
] 
obtained
 or exercised control over the property or service honestly
believing that the owner, if present, would have consented.
(4) A livestock guardian dog is presumed to belong to an owner of the livestock with
which the livestock guardian dog [
was
] 
is
 living at the time of an alleged violation of this part.