Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 96 (2025GS)

Sponsor

Rep. Cutler, Paul A.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the criminal offense of defrauding of creditors to increase the penalty for the offense based on the value of the fraud; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
76-6-511
0
Fraud Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill addresses the criminal offense of defrauding of creditors.
Highlighted Provisions:
This bill:
amends the criminal offense of defrauding of creditors to increase the penalty for the 
offense based on the value of the fraud; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-511
, as last amended by Laws of Utah 2023, Chapter 111
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-6-511
 is amended to read:
76-6-511
. Defrauding of creditors.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits defrauding of creditors if the actor:
(a)
destroys, removes, conceals, encumbers, transfers, or otherwise deals with property 
subject to a security interest with a purpose to
:
(i)
hinder enforcement of 
that
the security
 interest
; and
(ii)
deprive the secured party of lawful possession of the property
; or
(b)
knowing that proceedings have been or are about to be instituted for the appointment 
of a person entitled to administer property for the benefit of creditors:
(i)
destroys, removes, conceals, encumbers, transfers, or otherwise deals with any 
property with a purpose to defeat or obstruct the claim of any creditor, or 
otherwise to obstruct the operation of any law relating to administration of 
property for the benefit of creditors; or
(ii)
presents to any creditor or to an assignee for the benefit of creditors, orally or in 
writing, any statement relating to the debtor's estate, knowing that a material part 
of such statement is false.
(3)
(a)
A violation of Subsection 
(2)
(2)(a) or (2)(b)(i)
 is
:
(i)
a class A misdemeanor
.
 if the unpaid balance owed to the creditor on the 
property at the time of the act described in Subsection (2) is less than $10,000; or
(ii)
a third degree felony if the unpaid balance owed to the creditor on the property at 
the time of the act described in Subsection (2) is or exceeds $10,000; or
(b)
A violation of Subsection 
(2)(b)(ii)
 is a class A misdemeanor.
(4)
This section 
may not be construed to
does not
 impose criminal or civil liability on 
any
a
 law enforcement officer acting within the scope of a criminal investigation.
(5)
The forfeiture of property under this section, including any seizure and disposition of 
the property and any related judicial or administrative proceeding, shall be conducted in 
accordance with 
Title 77, Chapter 11a, Seizure of Property and Contraband
, through 
Chapter 11c, Retention of Evidence
.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 2:06 PM