Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 254 First Substitute (2023GS)

Sponsor

Rep. Ivory, K.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• creates a penalty enhancement for certain false statements made during an arrest; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PENALTY FOR FALSE STATEMENT DURING DRUG
ARREST
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill creates a penalty enhancement for certain false statements made during an
arrest. 
Highlighted Provisions:
This bill:
▸ creates a penalty enhancement for certain false statements made during an arrest;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-3-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-210
 is enacted to read:
 76-3-210.
Enhanced penalty for false statement about ingesting drugs during
arrest.
(1) An actor convicted of an offense may be subject to an enhanced penalty if, at the
time of the actor's arrest for the offense:
(a) the actor states to a law enforcement officer that the actor ingested drugs before the
actor's arrest;
(b) the law enforcement officer, based on the actor's statement described in Subsection
(1)(a), takes the actor to a health care facility for medical treatment; and
(c) a medical examination of the actor demonstrates that the actor's statement described
in Subsection (1)(a) was false.
(2) (a) Except as provided in Subsection (2)(b), if a trier of fact finds beyond a
reasonable doubt that an actor committed an offense and, upon arrest for the offense, made a
statement found to be false under Subsection (1), the actor is subject to an enhanced penalty of
one classification higher than the offense for which the actor is convicted.
(b) A first degree felony may not be enhanced under this section.
(3) This section does not affect or limit an actor's constitutional right to the lawful
expression of free speech or other recognized rights secured by the Utah Constitution or the
laws of the state, or by the United States Constitution or the laws of the United States.