LEGISLATIVE GENERAL COUNSEL H.B. 15
6 Approved for Filing: S. Larson 6 nd
2 Sub. (Gray)
6 01-17-24 3:39 PM 6
Representative Matthew H. Gwynn proposes the following substitute bill:
1 CRIMINAL CODE RECODIFICATION AND CROSS
2 REFERENCES
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Matthew H. Gwynn
6 Senate Sponsor: Keith Grover
7
8 LONG TITLE
9 General Description:
10 This bill modifies criminal provisions in Title 76, Utah Criminal Code, by redrafting
11 offense statutes into a new structure and clarifying existing law.
12 Highlighted Provisions:
13 This bill:
14 < reorders language into a standardized format and clarifies existing law, including
15 the offenses in Title 76, Chapter 8, Offenses Against the Administration of
16 Government;
17 < for clarity, makes technical corrections to certain statutes resulting from the 2022
18 criminal code recodification:
19 C in Title 76, Chapter 1, General Provisions, to reflect separation of aggravated
20 human trafficking and aggravated human smuggling into separate statutes; and 2 ndSub. H.B. 15
21 C in Title 76, Chapter 3, Punishments, to reflect mandatory imprisonment for
22 sexual abuse of a child;
23 < makes technical corrections to certain statutes resulting from the 2023 criminal code
24 recodification:
25 C in Title 76, Chapter 6, Offenses Against Property, regarding erroneous inclusion
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2nd Sub. (Gray) H.B. 15 01-17-24 3:39 PM
26 of penalty provision in offense concerning unlawful dealing of property by a fiduciary; and
27 C in Title 77, Chapter 36, Cohabitant Abuse Procedures Act, to reflect separation
28 of criminal mischief statute into two separate offenses;
29 < for clarity, creates new definition of "harm" for definitions section of Title 76,
30 Chapter 8, Offenses Against the Administration of Government, based upon
31 existing definitions in chapter and revises relevant offenses to reflect change;
32 < reorganizes the following offenses to enact an embedded offense as a stand-alone
33 statute:
34 C offense concerning receiving bribe or bribery for endorsement of person as
35 public servant;
36 C offense of interference with public servant; and
37 C offense concerning obstruction of justice in a criminal investigation or
38 proceeding;
39 < reorganizes and clarifies existing language in offense of escape and enacts
40 embedded offense of aggravated escape as stand-alone statute;
41 < reorganizes existing statutes concerning secure areas, including enacting a number
42 of statutes to reflect separate stand-alone offenses;
43 < reorganizes the offense of threatening an elected official;
44 < reorganizes offenses concerning influencing, impeding, or retaliating against a judge
45 or a member of the Board of Pardons and Parole or a family member and enacts
46 several stand-alone statutes to reflect separate embedded offenses;
47 < for clarity, revises offense concerning refusal to comply with an order to evacuate or
48 another order issued in a local or state emergency;
49 < for clarity, reorganizes and revises offenses concerning aiding or concealing an
50 adjudicated minor and trespass of a secure care facility;
51 < for clarity, revises statutes concerning misusing public money or public property;
52 < reorganizes offenses concerning refusing to give tax assessor or tax or license
53 collector a list of, or denying access to, employees to enact embedded offense as a
54 stand-alone statute;
55 < for clarity, revises language in offense concerning stealing, destroying, or mutilating
56 public records by a custodian;
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57 < reorganizes offenses concerning taking a toll or maintaining road, bridge, or ferry
58 without authority to enact an embedded offense as a stand-alone statute;
59 < for clarity, revises statutes concerning false or inconsistent statements;
60 < reorganizes offenses concerning tampering with a witness and receiving or
61 soliciting a bribe to enact embedded offense as a stand-alone statute;
62 < reorganizes offenses concerning a wrongful attachment by a justice court to enact
63 embedded offense as a stand-alone statute;
64 < for clarity, removes provisions from Title 76, Chapter 8, Part 7, Colleges and
65 Universities, and places them in Title 53B, State System of Higher Education;
66 < for clarity, revises and reorganizes offenses:
67 C concerning criminal trespass upon an institution of higher education and willful
68 interference with lawful activities of students or faculty; and
69 C contained in Title 76, Chapter 8, Part 8, Sabotage Prevention;
70 < for clarity, repeals duplicative language concerning criminal offenses and penalties
71 relating to revenue and taxation;
72 < for clarity, revises and reorganizes offenses in:
73 C Title 76, Chapter 8, Part 12, Public Assistance Fraud; and
74 C Title 76, Chapter 8, Part 13, Unemployment Insurance Fraud; and
75 < makes technical and conforming changes.
76 Money Appropriated in this Bill:
77 None
78 Other Special Clauses:
79 None
80 Utah Code Sections Affected:
81 AMENDS:
82 17-22-5, as last amended by Laws of Utah 2004, Chapter 301
83 26B-6-205, as renumbered and amended by Laws of Utah 2023, Chapter 308
84 35A-3-603, as last amended by Laws of Utah 2023, Chapter 328
85 35A-3-604, as last amended by Laws of Utah 2015, Chapter 221
86 35A-4-304, as last amended by Laws of Utah 2012, Chapter 15
87 35A-4-305, as last amended by Laws of Utah 2012, Chapter 15
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88 35A-4-312, as last amended by Laws of Utah 2016, Chapter 296
89 53-10-403, as last amended by Laws of Utah 2023, Chapters 328, 457
90 53B-3-103, as last amended by Laws of Utah 2021, First Special Session, Chapter 7
91 59-1-401, as last amended by Laws of Utah 2023, Chapter 471
92 63G-12-402, as last amended by Laws of Utah 2022, Chapters 328, 370
93 64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
94 76-1-301, as last amended by Laws of Utah 2022, Chapter 181
95 76-3-203.1, as last amended by Laws of Utah 2023, Chapter 111
96 76-3-203.3, as last amended by Laws of Utah 2023, Chapter 111
97 76-3-203.5, as last amended by Laws of Utah 2023, Chapter 111
98 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
99 76-5-203, as last amended by Laws of Utah 2022, Chapter 181
100 76-6-513, as last amended by Laws of Utah 2023, Chapter 111
101 76-8-101, as last amended by Laws of Utah 2019, Chapter 211
102 76-8-102, as enacted by Laws of Utah 1973, Chapter 196
103 76-8-103, as last amended by Laws of Utah 1998, Chapter 92
104 76-8-104, as last amended by Laws of Utah 1991, Chapter 215
105 76-8-105, as repealed and reenacted by Laws of Utah 1998, Chapter 92
106 76-8-106, as enacted by Laws of Utah 1973, Chapter 196
107 76-8-107, as last amended by Laws of Utah 1974, Chapter 32
108 76-8-108, as last amended by Laws of Utah 1985, Chapter 21
109 76-8-110, as last amended by Laws of Utah 1992, Chapter 128
110 76-8-201, as enacted by Laws of Utah 1973, Chapter 196
111 76-8-202, as last amended by Laws of Utah 1991, Chapter 241
112 76-8-203, as last amended by Laws of Utah 2011, Chapter 336
113 76-8-301, as last amended by Laws of Utah 2020, Chapter 165
114 76-8-301.5, as last amended by Laws of Utah 2019, Chapter 411
115 76-8-302, as enacted by Laws of Utah 1973, Chapter 196
116 76-8-303, as enacted by Laws of Utah 1973, Chapter 196
117 76-8-305, as last amended by Laws of Utah 2017, Chapter 312
118 76-8-305.5, as last amended by Laws of Utah 2018, Chapter 133
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01-17-24 1:14 PM 2nd Sub. (Gray) H.B. 15
119 76-8-306, as last amended by Laws of Utah 2021, Chapter 262
120 76-8-306.5, as enacted by Laws of Utah 2007, Chapter 155
121 76-8-307, as enacted by Laws of Utah 1973, Chapter 196
122 76-8-308, as last amended by Laws of Utah 1991, Chapter 241
123 76-8-309, as last amended by Laws of Utah 2022, Chapter 181
124 76-8-311.1, as last amended by Laws of Utah 2023, Chapter 330
125 76-8-311.3, as last amended by Laws of Utah 2023, Chapter 330
126 76-8-312, as last amended by Laws of Utah 1974, Chapter 32
127 76-8-313, as last amended by Laws of Utah 1996, Chapter 45
128 76-8-316, as last amended by Laws of Utah 2022, Chapter 181
129 76-8-317, as last amended by Laws of Utah 2013, Chapter 295
130 76-8-318, as last amended by Laws of Utah 2022, Chapters 181, 335
131 76-8-402, as last amended by Laws of Utah 2020, Chapter 61
132 76-8-403, as last amended by Laws of Utah 2020, Chapter 61
133 76-8-405, as enacted by Laws of Utah 1973, Chapter 196
134 76-8-406, as enacted by Laws of Utah 1973, Chapter 196
135 76-8-407, as enacted by Laws of Utah 1973, Chapter 196
136 76-8-408, as enacted by Laws of Utah 1973, Chapter 196
137 76-8-409, as last amended by Laws of Utah 1991, Chapter 5
138 76-8-410, as enacted by Laws of Utah 1973, Chapter 196
139 76-8-411, as enacted by Laws of Utah 1973, Chapter 196
140 76-8-412, as enacted by Laws of Utah 1973, Chapter 196
141 76-8-413, as enacted by Laws of Utah 1973, Chapter 196
142 76-8-414, as enacted by Laws of Utah 1973, Chapter 196
143 76-8-415, as enacted by Laws of Utah 1973, Chapter 196
144 76-8-416, as enacted by Laws of Utah 1973, Chapter 196
145 76-8-417, as enacted by Laws of Utah 1973, Chapter 196
146 76-8-418, as last amended by Laws of Utah 2022, Chapter 335
147 76-8-419, as last amended by Laws of Utah 2002, Chapter 166
148 76-8-420, as last amended by Laws of Utah 2007, Chapter 229
149 76-8-501, as last amended by Laws of Utah 2018, Chapter 298
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2nd Sub. (Gray) H.B. 15 01-17-24 3:39 PM
150 76-8-502, as last amended by Laws of Utah 1997, Chapter 324
151 76-8-503, as last amended by Laws of Utah 2014, Chapter 167
152 76-8-504, as last amended by Laws of Utah 2022, Chapter 328
153 76-8-504.5, as enacted by Laws of Utah 1999, Chapter 215
154 76-8-504.6, as last amended by Laws of Utah 2015, Chapter 131
155 76-8-506, as last amended by Laws of Utah 2005, Chapter 92
156 76-8-507, as last amended by Laws of Utah 2002, Chapter 42
157 76-8-508, as last amended by Laws of Utah 2004, Chapter 140
158 76-8-508.3, as enacted by Laws of Utah 2004, Chapter 140
159 76-8-508.5, as last amended by Laws of Utah 1992, Chapter 219
160 76-8-509, as enacted by Laws of Utah 1973, Chapter 196
161 76-8-510.5, as last amended by Laws of Utah 2014, Chapter 167
162 76-8-511, as last amended by Laws of Utah 2003, Chapter 238
163 76-8-512, as last amended by Laws of Utah 2013, First Special Session, Chapter 4
164 76-8-513, as enacted by Laws of Utah 1973, Chapter 196
165 76-8-515, as enacted by Laws of Utah 2023, Chapter 179
166 76-8-601, as last amended by Laws of Utah 2008, Chapter 3
167 76-8-602, as last amended by Laws of Utah 1990, Chapter 59
168 76-8-603, as last amended by Laws of Utah 1990, Chapter 59
169 76-8-703, as repealed and reenacted by Laws of Utah 2013, Chapter 257
170 76-8-705, as last amended by Laws of Utah 2013, Chapter 257
171 76-8-802, as enacted by Laws of Utah 1973, Chapter 196
172 76-8-803, as enacted by Laws of Utah 1973, Chapter 196
173 76-8-804, as enacted by Laws of Utah 1973, Chapter 196
174 76-8-805, as enacted by Laws of Utah 1973, Chapter 196
175 76-8-807, as enacted by Laws of Utah 1973, Chapter 196
176 76-8-809, as last amended by Laws of Utah 2023, Chapter 435
177 76-8-810, as enacted by Laws of Utah 1973, Chapter 196
178 76-8-811, as last amended by Laws of Utah 1995, Chapter 20
179 76-8-901, as enacted by Laws of Utah 1973, Chapter 196
180 76-8-902, as enacted by Laws of Utah 1973, Chapter 196
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181 76-8-903, as enacted by Laws of Utah 1973, Chapter 196
182 76-8-904, as enacted by Laws of Utah 1973, Chapter 196
183 76-8-1201, as last amended by Laws of Utah 2015, Chapter 221
184 76-8-1203, as last amended by Laws of Utah 2010, Chapter 94
185 76-8-1207, as last amended by Laws of Utah 2000, Chapter 48
186 76-8-1301, as last amended by Laws of Utah 2010, Chapter 193
187 76-8-1402, as enacted by Laws of Utah 2004, Chapter 107
188 76-8-1403, as last amended by Laws of Utah 2018, Chapter 133
189 76-9-802, as last amended by Laws of Utah 2021, Chapter 64
190 76-9-902, as last amended by Laws of Utah 2020, Chapter 394
191 76-9-1008, as last amended by Laws of Utah 2013, Chapter 278
192 76-10-1602, as last amended by Laws of Utah 2023, Chapters 34, 111, 139, and 330
193 77-23a-8, as last amended by Laws of Utah 2023, Chapter 111
194 77-36-1, as last amended by Laws of Utah 2022, Chapters 185, 430
195 77-36-1.1, as last amended by Laws of Utah 2023, Chapters 111, 184
196 77-37-3, as last amended by Laws of Utah 2023, Chapter 448
197 ENACTS:
198 53B-20-107, Utah Code Annotated 1953
199 76-8-106.1, Utah Code Annotated 1953
200 76-8-301.2, Utah Code Annotated 1953
201 76-8-309.1, Utah Code Annotated 1953
202 76-8-309.2, Utah Code Annotated 1953
203 76-8-311.2, Utah Code Annotated 1953
204 76-8-311.4, Utah Code Annotated 1953
205 76-8-311.6, Utah Code Annotated 1953
206 76-8-311.7, Utah Code Annotated 1953
207 76-8-311.8, Utah Code Annotated 1953
208 76-8-311.9, Utah Code Annotated 1953
209 76-8-311.10, Utah Code Annotated 1953
210 76-8-316.2, Utah Code Annotated 1953
211 76-8-316.4, Utah Code Annotated 1953
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212 76-8-316.6, Utah Code Annotated 1953
213 76-8-320, Utah Code Annotated 1953
214 76-8-409.2, Utah Code Annotated 1953
215 76-8-416.2, Utah Code Annotated 1953
216 76-8-508.7, Utah Code Annotated 1953
217 76-8-604, Utah Code Annotated 1953
218 76-8-1203.1, Utah Code Annotated 1953
219 76-8-1203.3, Utah Code Annotated 1953
220 76-8-1203.5, Utah Code Annotated 1953
221 76-8-1203.7, Utah Code Annotated 1953
222 76-8-1302, Utah Code Annotated 1953
223 76-8-1303, Utah Code Annotated 1953
224 76-8-1304, Utah Code Annotated 1953
225 RENUMBERS AND AMENDS:
226 76-8-319, (Renumbered from 76-8-311.5, as renumbered and amended by Laws of
227 Utah 2021, Chapter 261)
228 REPEALS:
229 76-8-314, as last amended by Laws of Utah 1996, Chapter 45
230 76-8-315, as enacted by Laws of Utah 1983, Chapter 330
231 76-8-404, as last amended by Laws of Utah 2020, Chapter 61
232 76-8-505, as last amended by Laws of Utah 1997, Chapter 324
233 76-8-701, as last amended by Laws of Utah 2013, Chapters 10, 257
234 76-8-702, as last amended by Laws of Utah 2013, Chapter 257
235 76-8-707, as last amended by Laws of Utah 1993, Chapter 234
236 76-8-709, as last amended by Laws of Utah 2013, Chapter 257
237 76-8-716, as enacted by Laws of Utah 1973, Chapter 196
238 76-8-717, as last amended by Laws of Utah 2013, Chapter 257
239 76-8-801, as enacted by Laws of Utah 1973, Chapter 196
240 76-8-806, as last amended by Laws of Utah 1997, Chapter 296
241 76-8-808, as enacted by Laws of Utah 1973, Chapter 196
242 76-8-1101, as last amended by Laws of Utah 2014, Chapter 52
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243 76-8-1202, as last amended by Laws of Utah 2023, Chapter 330
244 76-8-1204, as last amended by Laws of Utah 2000, Chapter 48
245 76-8-1205, as last amended by Laws of Utah 2015, Chapter 221
246 76-8-1206, as last amended by Laws of Utah 2012, Chapter 41
247 76-8-1401, as enacted by Laws of Utah 2004, Chapter 107
248
249 Be it enacted by the Legislature of the state of Utah:
250 Section 1. Section 17-22-5 is amended to read:
251 17-22-5. Sheriff's classification of jail inmates -- Classification criteria --
252 Alternative incarceration programs -- Limitation.
253 (1) Except as provided in Subsection (4), the sheriff s